Estados Unidos de América

Canadá

Observancia de los derechos de propiedad intelectual

Medidas provisionales

24. Articles 50.7 and 50.8 provide that judicial and administrative authorities must have the authority to order an applicant to provide the defendant appropriate compensation for any injury caused by the adoption of provisional measures when said measures are revoked, have lapsed, or when it has been determined that there has been no infringement or threat of infringement. Please identify the judicial and administrative authorities, on a national and local level, that are authorized to award defendants appropriate compensation for injuries caused by provisional measures and describe how the competent authorities determine "appropriate compensation".

Provisional measures such as an interim or interlocutory injunction are normally ordered only upon the plaintiff providing an undertaking in damages to the defendant. Such damages are assessed in the same manner as other assessments of damages, i.e., upon proof of losses sustained.