Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Medidas provisionales
11. Article 50.4 requires that parties be notified when provisional measures have been adopted inaudita altera parte. Please describe briefly the procedures followed by each authority able to adopt such measures for notifying affected parties and state the time within which such notice must take place.
As mentioned in Sweden's responses to the Checklist of Issues on Enforcement6 provisional measures are available under Swedish law inaudita altera parte in the form of interlocutory injunctions (under special provisions in each one of the intellectual property laws), in the form of general provisional measures in civil cases (Chapter 15, Article 3 of the Code on Judicial Procedure) and in the form of provisional measures and security measures (detention or arrest, provisional attachment, etc.) in criminal cases. From general principles in procedural law in Sweden follows that when an application for a provisional measure is filed and the Court finds it necessary to grant inaudita altera parte the measure applied, the application and the decision on the grant of that measure are served upon the defendant at the same time; the defendant will then have the possibility to request a review of the action taken. It also follows from general principles that cases relating to provisional measures are to be dealt with by the Courts without delay. In established practice this will occur within days. In cases relating to documents or objects there are, however, no determined time-limits in this respect.