Under Article 537 of the Code of Civil and Commercial Procedure, whoever obtains a protective measure or order will be obliged to pay the other party costs and damages in any of the following circumstances:
- If the application is not made within the legal time-limit (15 days);
- if the order is revoked; or
- if the application is declared to be inadmissible.
The Industrial Property Law (Article 195) and the Law on Copyright and Related Rights (Article 132) contains similar provisions for determining the liability of those who request border measures with respect to the importer, the consignee and the owner of the goods detained.
In order to ensure that these provisions are effective, Article 186 of the Industrial Property Law and Article 133bis of the Law on Copyright and Related Rights stipulate that in the event of any application for a protective measure or order, the court may, if it deems it appropriate, include in the ruling in which such measures are decreed a requirement, that prior to their application, sufficient security or other assurance should be provided to prevent abuse and to protect the party affected by the measure and the authorities themselves against any damage or injury to which the measures might give rise. These provisions are applicable to border measures (Articles 191 of the Industrial Property Law and 130 of the Law on Copyright and Related Rights).
The authorities who order a measure will be exempt from liability if they acted in good faith.
