Checklist of Issues on Enforcement under TRIPS Art. 63.2 - View details of the document


(a) Civil judicial procedures and remedies

(b) Administrative procedures and remedies

(a) Judicial measures

By means of a communication dated 18 November 1997, the Permanent Mission of Iceland has informed the Secretariat that the reply given by Iceland in question 12 contains a slight error in the English version only. The last word in paragraph 1 "claimant" should read "defendant". [Response to question 12 on page 8 of IP/N/6/ISL/1: A provisional measure may as a general rule not be ordered unless the claimant has proven that it is more likely than not that he has a claim against the defendant. The court may make it a condition for ordering a provisional measure that the claimant provides a security or equivalent assurance sufficient to protect the claimant. If the court decides to order a provisional measure it shall at the same time decide how the measure is to be effectuated. The court may decide when the measure is to enter into force and the duration of it. The court may also decide that the defendant is to be able to avoid the entering into force and the effectuation of a provisional measure by providing a security or equivalent assurance sufficient to protect the claimant. The court may in its decision to order a provisional measure or in a later decision made upon the request of the defendant, determine a reasonable period in which the claimant must initiate civil proceedings leading to a decision on the merits of the case. The defendant may request a nullification or limitation of the measure if new evidence is put forward, or if the circumstances which the decision to order the provisional measure was based upon in some other way have changed. Where the provisional measures are revoked or where they lapse due to any act or omission by the claimant or where it is subsequently found that there had been no infringement of an intellectual property right when the provisional measure was ordered, the judicial authorities have the authority to order the claimant to provide the defendant appropriate compensation for any injury caused by the measures.]

(b) Administrative measures