|The Law of Trademarks
||Article 37: For the purpose of performing the tasks entrusted to them, the officials referred to in the preceding Article may do the following:
a) Inspect shops for violations of the provisions of this Law.
b) Seize the goods on which are affixed trademarks that are contrary to the provisions of this Law and collect three specimens thereof for submission purposes, when necessary, and send one specimen to the Bureau of Investigation and Public Prosecution. The remaining specimens shall remain seized pending determination of the penal action. A seizure record shall be made, signed by the official and the owner of the shop or his substitute. Said record shall specify the place wherein said seizure of goods was conducted, be it the trader’s warehouse, a part of the trader’s shop, or a warehouse designated for this purpose. In all events, it must be ascertained that said goods have not been seized by another official authority and that an undertaking to that effect has been taken from the owner of the shop. If, however, the owner of the shop declares that said goods are under seizure, he shall submit documents which prove that said seizure has been conducted. In all events, said goods shall be seized provided that coordination with the seizing authority has been made with the participation of a representative thereof.
c) If deemed appropriate, conduct an immediate investigation with the violator after confronting him with the violation attributed to him. In all events, the violator shall be allowed to submit his defenses in writing or such defenses shall be recorded and attached to the seizure record, after entering therein the violator’s name, nationality, capacity, residence address, business address and telephone numbers. The violator shall have the right to verify the identity of the official who reported said violation.
|Law of Copyright
||Article 22: Penalties
Seventh: The Committee may issue an injunction against the printing of the work infringed upon, its production, publication or distribution, in addition to protective impounding of the copies, materials and pictures made from it. It may take any temporary measure it finds necessary to protect the copyright till a final decision is reached regarding the complaint or grievance.
|Implementing Regulations of Copyright Law
||Article 27: Provisional Protective Measures
1) The committee has the authority to take immediate provisional measures in order to prevent infringement of any copyright, and to prevent imported works that contain infringement of copyright from reaching commercial outlets.
2) The committee has the authority to take provisional measures without the knowledge of the other party, if it is likely that a delay would result in harming him or it is likely to damage the evidence.
3) The committee may request the plaintiff: a) To submit any evidence in his possession affirming that he is the owner of the right. b) To submit preliminary evidence proving that his right is being infringed or is about to be infringed. c) To submit a financial guarantee sufficient to protect the defendant and prevent abuse of rights or exercise thereof. d) The committee may request the plaintiff to submit any evidence necessary in order to determine the extent of the legitimacy of the lawsuit.
4) The committee, after taking the protective seizure measures, may notify the affected parties to submit their viewpoint and defences within a provisional period not exceeding thirty one (31) days from the date of initiating the protective measures in order to consider whether to amend, cancel or confirm such measures.
5) The committee may cancel the measures taken in accordance with Paragraphs (1) and (2) of this Article pursuant to a request by thedefendant, or suspend said measures if the plaintiff does not submit documents required from him within a time period determined by the committee, and not exceeding thirty one (31) days.
6) Upon cancellation of provisional measures or expiry of their effectiveness period as a result of the plaintiff’s negligence, or upon becoming evident later that there was no infringement upon the works or commodities, the committee may, upon request of the defendant, order the plaintiff to pay appropriate compensations for any damage incurred by the defendant as a result of such measures.
Article 28: Measures at Borders
(1) A copyright owner, who has legitimate reasons to suspect that works infringing his rights are intended for importation or exportation, may submit a written request to the committee in order to stop and seize works imported or intended for importation or exportation, upon reaching the borders.
(2) The committee may request the plaintiff to submit a financial guarantee sufficient to protect the defendant and prevent abuse of rights.
(3) The plaintiff shall submit to the committee, within a period not exceeding ten (10) working days, the complaint and the supporting evidence that determine the infringements he has incurred, provided that the period of seizure does not exceed thirty one (31) days, after which amendment, cancellation or confirmation of such measures shall be considered.
(4) The committee may decide that the plaintiff pay to the importer or exporter an appropriate compensation for damages incurred by them as a result of wrongful seizure of works.
(5) The committee may grant the owner of the right (the plaintiff) sufficient opportunity to inspect the works in order to prove his allegations.
(6) The importer is entitled to an equal opportunity to inspect any of these commodities.
(7) The committee, in case the infringement is proved, is authorized to notify the owner of the right of the names and addresses of the sender and addressee of the works as well as their quantities.
Article 29: Precautionary Protective Seizure The Ministry’s office at the point of entry at the border may stop the procedure for release of works upon having prima facie evidence proving existence of copyright infringement, after coordination with the customs department at the point of entry. The office shall immediately notify the General Department of Copyright to take the necessary measures, in coordination with the committee.
|Law of PLPD
||Article 34: ....The Committee may take the necessary prompt measures it deems necessary to prevent the damages resulting from the infringement…..