Union européenne
Moyens de faire respecter les DPI
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist from an infringement.
In accordance with Article 185 of the Industrial Property Law and Article 134bis of the Law on Copyright and Related Rights, in ruling that any of the actions for the protection of intellectual property rights is applicable, the judicial authorities must, in addition to determining the merits, depending on the case and in the light of the need of proportionality between the seriousness of the infringement, the remedies ordered and the interests of third parties, order the cessation of the infringing acts or acts of unfair competition and the adoption of the measures necessary to prevent their consequences and avoid a repetition thereof, as well as the award of damages. According to express provisions of both laws, in both civil and criminal actions the courts may also order, as a precaution, an immediate halt to the use, application and marketing of the infringing products and any measure necessary to avoid the continuation or repetition of the infringement.