The procedural provisions laid down provisional measures compliant with Article 50 of the TRIPS Agreement.
These provisions may include:
- securing the claim of the creditor (entitled) and
- securing evidence.
These measures can be undertaken upon demand from the entitled person:.
- before the trial proceedings on a claim based on the protection of intellectual property rights, or
- at the commencement of and throughout proceedings.
The application should occur no later than three days after a written motion is filed with the court. This deadline is deemed "without delay" regarding the remaining area of intellectual property rights protected. The proceeding considering the grant of measures could be held in camera (without hearing the opposing party).
The motion should meet general formal requirements for pleadings, and should also make plausible both the claim and the likeness that the refusal of measures will result in depriving the applicant of satisfaction the claim (causing an irreparable damage).
The court may adopt any of the measures which it deems necessary.
The court may make enforcement (under Article 739 § 3 CCP) or granting the decision on securing the claim (under Article 80 of the Copyright Act) conditional upon the payment of a security deposit to cover possible claims of the other party.
The orders issued ex parte are delivered to the absent party together with grounds for the decision.
Appeals (complaints to the court of the second instance) are considered under normal procedure, but in cases involving protected copyright and neighbouring rights they are considered within seven days.
