Liste de questions concernant les moyens de faire respecter les droits au titre de l'article 63:2 de l'Accord sur les ADPIC ‒ Afficher les détails du document

a) Procédures et mesures correctives judiciaires civiles

b) Procédures et mesures correctives administratives

a) Mesures judiciaires

b) Mesures administratives

1 Article 436 of the Code of Civil Procedure: “A party seeking to utilize a document that, according to its declaration, lies within the control of the other party, may request its presentation. The request for presentation shall be accompanied by a copy of the document or, failing that, by a statement of the facts known to the requesting party concerning the content of the document and evidence showing that there is at least a serious presumption that the document is or has been within the control of the other party. The court shall require the other party to present or hand over the document within the period it indicates or be subject to a penalty. If the document is not presented within the time-limit fixed and no evidence is provided to show that it does not lie within the control of the other party, the text of the document as it appears in the copy presented by the requesting party shall be presumed to be accurate, or in its absence, the data provided by the requesting party concerning the content of the document shall be deemed to be correct (…)”.

2 Article 112 of the Law on Copyright: “In the event of a dispute between the parties, the proof and measures provided for in the foregoing Article shall be ordered by the court hearing the case. However, should the urgency of the matter so dictate, they may be ordered by the parish or municipal court of the place in which they are to be carried out, regardless of the amounts involved. In such a case the party proceeded against may protest against the said amount to the court hearing the case, without the production of the proof or the application of the measure being thereby prevented. If there is no dispute between the parties, the proof and the measures shall be decreed by the parish or municipal court of the place in which they are to be implemented if the urgency thereof dictates, without the owner, possessor, person in charge, administrator or occupant of the place in which they are to be implemented being able to oppose such production or implementation. The same court shall lift the measures at the request of the party proceeded against on the expiration of 30 consecutive days after they were ordered if he has not been served notice of the initiation of the main proceedings.”