Unión Europea
Emiratos Árabes Unidos
Observancia de los derechos de propiedad intelectual
54. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
Article 59 of the Patent and Designs Law states that the applicant of the precautionary seizure should deposit a bail evaluated by the court prior to issuing its order for seizure and the seizer should file the relevant action within eight days as from the date of the issuance of the court’s order otherwise the matter shall be deemed null and void. Moreover, it is permissible for the attached person to file an action for compensation within sixty days as from the date of the termination of the previous term or from the date of issuing the final decision of refusing the relevant action, which the seizor preferred. Furthermore, it isn’t permissible to cash the bail referred thereto except after the issuance of a final decision in the seizor’s action or the claim of compensation which the attached person filed. Also the Trademarks Law provides in its Article 43 for provision aimed at indemnifying the defendant through a judicial decision.