Observancia de los derechos de propiedad intelectual
7. Please indicate provisions of laws and ordinances which prescribe the "proceedings leading to a decision on the merits of the case" stipulated in Article 55 of the TRIPS Agreement. And please summarize their contents.
The legislative provisions referred to in the question are of two types. One consists of the provisions which are contained in the various intellectual property acts and which determine the criminal and civil liability for infringements and which obviously are applied by the Courts in order to decide the case on its merits. The other type consists of provisions in the Code of Judicial Procedure and which describe the various steps in the criminal or civil proceedings respectively. Generally speaking such a procedure is initiated through an application for summons of the defendant to the Court. Dealing here only with civil cases and leaving details aside, the provisions prescribe basically the following. Anyone who desires the issuance of a summons shall file a written application in this respect to the competent Court. The application shall be signed by the plaintiff or his attorney and shall contain indications about the circumstances upon which the action is founded, the demand for relief, the documentary evidence offered and the circumstances which make the Court competent. Where the summons application fails to comply with the relevant requirements or is otherwise incomplete, the Court shall direct the plaintiff to cure the defect. Where such directives are not complied with, the result is generally that the application may be dismissed. If the application is not dismissed, the Court shall issue a summons calling upon the defendant to answer the claim. The summons together with the summons application and the documents annexed thereto (for instance evidence) shall be served upon the defendant. Thereupon the Court hears the case, in civil cases usually one or more preliminary hearings followed by the main hearing. Then the Court issues its judgement which may normally be appealed to the Court of Appeal and, in cases of particular importance, to the Supreme Court.