Infringements of intellectual property rights results in both civil and criminal liability. Damages may be sought by the right holder based on Article 158 of the Civil Code, as is the case with any tortious act. Criminal sanctions are provided for infringements of all intellectual property rights as shall be explained in the responses to questions 30 to 32.
Provisional measures to cease or to prevent an imminent infringement from taking place may be ordered by the court. Provisional measures may also include protective seizure of the allegedly infringing goods together with the material and implements allegedly used for the infringement. The provisional measures may also include preserving or recording relevant evidence concerning the alleged infringement. The relevant provisions of the IPRs draft Laws will be cited in the response to question 26. In order to prevent abuse and to compensate the defendant, where the measure was unjustifiably sought, the court may order the plaintiff to provide security. In order to maintain the provisional measure in force, the plaintiff is required to initiate proceedings leading to a decision on the merits of the case within 15 days from the date the order for a provisional measure was granted.
Where delay is likely to cause irreparable harm to the right holder or is likely to result in evidence being destroyed, the court has the authority to order the provisional measure inaudita altera parte. The party against whom the order has been ordered has the right to appeal within 10 days after the order is notified to him.
Border measures are available with respect to infringements of both trademarks and copyright and neighbouring rights as shall be explained in detail under the response to question 27.
