Article 198 of the Civil and Commercial Procedural Law provides that "if the intention of the litigation was merely malice compensation may be awarded against the person thus intending".
In addition, all IPR draft Laws provide that the court has the authority to order a provisional measure only upon the provision of a security bond by the party requesting such a measure. Such security is a deterrent to prevent the abuse of provisional measures and may be used to compensate defendants unlawfully enjoined.
