The reply to the question whether provisional measures can be adopted inaudita altera parte is yes, as explained in the reply by Spain to the Check-List of Issues on Enforcement. In civil proceedings, Article 1428 of the Law on Civil Procedure regarding precautionary measures allows this possibility in general, although the possible damage that may be caused to the defendant because he has not been heard must be covered by a suitable security. The circumstances in which precautionary measures may be permitted without a previous hearing are not specified in the legal texts but the principle followed is that they should be adopted in cases where such action seems fair and when there is urgency or imminent danger of the purposes of Article 50 being frustrated if delay occurs as a result of informing the defendant. Prior notice is therefore laid down as a general rule and the adoption of precautionary measures without giving notice should be regarded as exceptional and should be reserved for situations of pressing need. Specifically, in addition to precautionary measures sensu stricto, Article 137 of the Intellectual Property Law permits the judge, inaudita altera parte, in the specific context of the protection of computer programmes, to demand any reports and order any investigations he considers necessary. Article 25, second paragraph, of the Unfair Competition Law likewise provides the possibility of adopting precautionary measures inaudita altera parte "in cases of serious imminent danger", which must be adopted "within 24 hours after submission of the application", with a secondary reference to the general regime set out in Article 1428 of the Law on Civil Procedure. Article 129 of the Law on Patents and Utility Models also allows the judge to take this type of action during the collection of evidence, to demand reports and to order any investigations he considers necessary. The same measures can be adopted in criminal proceedings, and in addition it is possible to order the preliminary investigation into the case to be kept confidential. It only remains to point out that a preliminary draft of a new Law on Civil Procedure which will regulate precautionary measures inaudita altera parte is currently under study.

The Polish legislation currently in force does not provide for any regulations which would permit the customs authorities to undertake actions in case of suspected infringement of intellectual property rights. As a result, it is not possible for us to provide you with separate answers to each question posed. Legal regulations pursuant to which the customs authorities are obliged to conduct inspections in order to check whether the goods exported and imported from and into the Polish customs area comply with the intellectual property rights, have been included in the Act of 9 January 1997 - Customs Code (Journal of Law No. 23, item 117) which shall become effective as of 1 January 1998, in reliance on their provisions of Part III of the TRIPS Agreement. In regard to the above-mentioned, the Polish delegation is not in a position to answer questions 1 to 21 because the rules regarding Section 4 of Part III of the TRIPS Agreement shall be issued in the rules of implementation to the Customs Code. For the presentation of the rules we quote Articles 2.1 and 57 below. Article 2.1 "Provisions concerning the goods imported to or exported from the Polish customs area shall be applied respectively to the import to and export from the Polish customs area of goods covered under separate regulations by protection of intellectual, trade and industrial property." Article 57 "(1) Goods, regardless of their type, composition, origin, place of shipment or destination may at any time, subject to specified terms and conditions, obtain customs destination admissible for the given goods. "(2) The regulation contained in Section 1 does not exclude the application of international agreements, and prohibitions or limitations arising from separate provisions, in particular those concerning, decency, public security, health care, protection of human or animal life, protection of environment and natural resources, culture goods, intellectual, trade and industrial property, as well as prohibitions and limitations established due to trade. "(3) The Council of Ministers may specify, by an ordinance, the manner of procedure to be adopted by customs authorities in the event of their seizing goods as to which a suspicion has arisen that they have infringed the intellectual, trade and industrial property rights." The protection of intellectual, trade and industrial property rights is subject to the following regulations under the above-mentioned Act. Pursuant to the delegation contained in Article 57, section 3 of the Customs Code, a draft Ordinance of the Council of Ministers specifying the mode of procedure to be adopted by custom authorities in the event of seizing the goods as to which a suspicion has arisen that they have infringed the intellectual, trade and industrial property rights, has been prepared. This draft relies on provisions contained in Section 4 of Part III of the TRIPS Agreement which contains regulations concerning specific requirements referring to measures undertaken during border control. This constitutes the performance by our country of an obligation to adjust provisions of the domestic legislation to international agreements. However, due to the fact that the above-mentioned draft is being discussed now, and its provision may change, it is not possible at the moment to provide independent answers to questions 1 to 21. This can be effected only after the Customs Code, and the secondary legislation which will regulate the competences and mode of procedure to be adopted by customs authorities with respect to the protection of intellectual protection of intellectual property, have come into force, i.e. after 1 January 1998.

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