États-Unis d'Amérique

Bahreïn, Royaume de

Moyens de faire respecter les DPI

26. Please describe in detail the provisional procedures and remedies available to right holders under the Laws of Bahrain, citing to the relevant provisions of Law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.

Upon a petition by the right holder, the President of the competent court may order provisional measures in respect of the alleged infringement of any form of intellectual property right. The legal basis is the following provisions of the respective draft Law: Copyright and Neighbouring Rights: Article 44 Patents and Utility Models: Article 40 Trademarks: Article 24 Geographical Indications: Article 11 Protection of Trade Secrets: Article 6 Industrial Designs: Article 18 Layout Designs of Integrated Circuits: Article 17 Protection of Breeders of New Varieties of Plants: Article 26 The court may order a provisional measure inaudita altera parte in appropriate cases and in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. Unless the provisional measure is subsequently set aside by the court as a result of appeal by the opposing party, within 10 days after he is notified of the order, the provisional measure remains in force provided that the right owner initiates proceedings leading to a decision on the merits of the case within 15 days after the order is granted. For an order to be granted, the petitioner is required to provide evidence to satisfy the court that he is the right owner, or in the case of a geographical indication that he is a person with interest, and that his right is being infringed or that such infringement is imminent. The court has the authority to order the petitioner to provide suitable security to prevent abuse of the availability of such measures. The provisional measures, which the court may order, include one or more of the following: a) Injunction to cease the alleged infringement or to prevent it from taking place. b) Protective seizure of the allegedly infringing goods together with the materials and implements allegedly used for the infringement. c) Preserving or recording relevant evidence in respect of the alleged infringement. The procedure is described in more detail in Bahrain's responses to the Checklist of Issues on Enforcement (document IP/N/6/BHR/1).