Union européenne
Guatemala
Moyens de faire respecter les DPI
52. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.
The disposal of the infringing goods outside the channels of commerce may be ordered definitively (in the ruling that closes the proceeding) and/or provisionally. Article 185(a) of the Industrial Property Law stipulates that in a judgement declaring any of the actions provided for in the Law applicable, the Court must, as appropriate, order that the infringing goods be disposed of outside the channels of commerce or destroyed, principally when they affect or may affect human or animal or plant life or health or the environment. Similarly, Article 185(b) of the Industrial Property Law stipulates that, in the judgement, the court must also, where appropriate, order that materials/implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort for the owner, disposed of outside the channels of commerce or destroyed as articles of unlawful trade, in such a manner as to minimize the risks of further infringements. Moreover, Article 187(e) of the Industrial Property Law specifies that, among the measures designed to protect the rights of the plaintiff or petitioner, the court may order the immediate cessation of marketing of the infringing products, together with the seizure and removal to court warehouses of the infringing products and the materials used to commit the infringement, including their destruction where they are causing harm or constitute a risk to human, animal or plant life or health or to the environment.