The court may, on petition, impose precautionary measures in civil matters under Chapter 7 of the Code of Procedure and Sections 4 and 5 of the Act to Safeguard the Evidence in Civil Actions concerning Intellectual Property Rights. Precautionary measures shall not be granted without reserving the opposing party an opportunity to be heard. However, if the purpose of the precautionary measures can otherwise be compromised, the court may on the request of the petitioner give an interim order on precautionary measures without reserving the opposing party the said opportunity. In such case the order shall remain in force until further notice.
An action on the main issue has to be brought within one month from the decision on the precautionary measures. When the court decides on the main issue, it shall at the same time determine how long the precautionary measures remain in force. If the action is dismissed or ruled inadmissible, the court may at the same time order that the precautionary measures remain in force until the main decision becomes final. If the action is abandoned, the precautionary measures are cancelled. A petitioner who has unnecessarily resorted to precautionary measures must cover the costs incurred. A court order on precautionary measures may be appealed separately.
For initiation in criminal cases, see point 11 above. The seizure may be cancelled by the same authority that imposed it. Cancellation has to take place as soon as the seizure no longer is necessary or if a charge for the crime causing it is not brought within four months. At the request of the relevant authority, the court may extend this time limit. At the request of a person involved, the court has to decide on validity of the seizure. If the request is made before the court has started to handle the charge, it has to be taken under consideration within a week. The court has to give the parties involved an opportunity to be heard, but an absence of a party does not preclude a decision in the matter. An appeal against a decision concerning seizure, as well as against a decision prohibiting the person infringing the IPR to continue or repeat the infringement, may be lodged separately. The appeal does not, however, prevent the measure. The appellant may in some cases be obliged to give a security for the damage and disadvantage that may be caused by the measure.
Chapter 7 of the Enforcement Act contains provisions on enforcement of the precautionary measures. A measure may not be put into effect, and the enforcement has to be discontinued, if the opposing party gives the executor a security which has been approved by the party requesting the measure, or which is considered to be proportional to the need for protection of the rights of the requesting party. The general rule is that a decision on a precautionary measure may not be put into force unless the petitioner provides a security for the damages that may be caused by the measure. The court may, on petition, release the applicant from providing the security referred to in Chapter 7, section 16 of the Enforcement Act, if the petitioner is found unable to do so and if his right is deemed manifestly well-founded.