The three following intellectual property rights-related laws provide for measures aimed at preventing violation of intellectual property rights:
- the 1992 Trade Marks Law No.37 in its Chapter VI on Penalty (Articles 37-43);
- the 1992 Copyright Law in its Chapter VIII (Articles 38-44) on Penalty;
- the 1992 Patent and Design Law in its Chapter V on Preventive Measures, Offences and Penalty (Articles 58-61) lay down measures to prevent any infringement unlawful act which violate the owner right of intellectual property.
These laws also provide for remedy measures like preventive seizure, confiscation, destruction of products and equipment as well as removing of the effects of the illegal acts and compensation.
Damages compensation for the holder of rights
The 1992 Trade Marks Law, Articles 40 and 43, and Patent Law, Article 61, provide for compensation. The Civil Transactional Law also provides for compensation.
Other remedies
The 1992 Trade Marks Law, Articles 41-43, provides for measures to remove goods outside the channels of commerce through the seizure and confiscation procedures. The removal of trademark and the product and equipment if needed. The 1992 Patent Law, Articles 58-61, provides for the same provisions. The 1992 Copyrights Law, Article 43, provides for confiscation measures and the closing of the institution violating copyright. The draft amendment will provide more detailed measures to enforce copyrights as reflected in the TRIPS Agreement.
Right of information
Article 41 of the Trade Marks Law provides that the court could order, within the procedure of seizure, to provide information on the third persons involved in the production and distribution of the infringing products.
Judicial appeal
The 1992 Trade Marks Law, Article 40, provides for the possibility for the owner of a trademark to access to the judicial procedures in order to enforce its rights. The Civil Transactions Law Article 282 provide the owner with the right of appeal through the judicial system in order to enforce its rights. The Evidence Law provides for an equitable and fair access to judicial procedures. The balance of the rights and obligations of both parties' claims and the opposing party is ensured. The basic principle of this law is that the claimant must provide evidence to substantiate his claim and the evidence must be relevant to the action. The court can order the evidence be produced if it is under control of the opposing party. The court can also call on the party to question him regarding the
changes or alterations made to the element of evidence.
Compensation for the opposing party
The Civil Transactional Law provides for compensation for the opposing party who has been subject to abusive procedures relating to enforcement.
Preventive customs procedures
Customs Departments are allowed to take measures at the borders to prevent any violation of intellectual property rights in accordance with the above-mentioned laws as well as under Customs regulations. These measures could be taken either following the demand of the right holder or the judicial order.
