Article 52 of the draft Law on Copyright and Neighbouring Rights and Article 38 of the draft Law on Trademarks provide that the court has the authority to order the seizure, forfeiture and destruction of infringing goods and any materials and implements which has been used for the commission of the offence.
The draft Laws do not enumerate the circumstances in which those remedies would be imposed. Hence, such remedies would be imposed subject to the discretion of the court and it is to be expected that the court would impose them where it considers them appropriate and proportionate taking into account the gravity of the offence and the overall circumstances of the offence, type of goods constituting the infringement, damage and losses to the right holder. As to the material and implements used for the infringement, it is to be expected that the court will take into account their intended use and the extent they have been used for committing the infringement.
Draft Laws of other forms of intellectual property rights contain identical provisions to those for trademarks and copyright and neighboring rights. These provisions are:
a) Patents & Utility Models: Article 41
b) Geographical indications: Article 13
c) Protection of Trade Secrets: Article 7
d) Industrial Designs: Article 19
e) Layout-Designs of Integrated Circuits: Article 18
f) Protection of Breeders of New Varieties of Plants: Article 25
