Union européenne
Guatemala
Moyens de faire respecter les DPI
57. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
Article 185(a) of the Industrial Property Law states that where the judgement declares any of the actions provided for in the Law to be applicable, the court shall, where appropriate, order that the infringing goods be destroyed as articles of unlawful trade, principally when they affect or may affect human, animal or plant life or health or may cause serious harm to the environment. Similarly, Article 185(b) of the Industrial Property Law stipulates that, in the judgement, the court shall also, where appropriate, order that the material/implements the predominate 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, as a means of minimizing the risk of further infringements. As a precautionary measure, the Law provides for the possibility of the infringing products and materials and means used for producing them being confiscated and removed to court warehouses; or being destroyed if they are causing harm or constitute a risk to human, animal or plant life or health or to the environment (Article 187(b), (d), (e) of the Industrial Property Law). In similar terms, the Law on Copyright and Related Rights establishes in Article 134bis that, in a judgement declaring any of the actions provided for in the Law applicable, the court shall, in addition to determining the merits, order that the infringing goods be destroyed as articles of unlawful trade. Article 133bis of the same Law also establishes that the court may order as a protective measure any measure necessary to avoid the continuation or repetition of the infringement, including seizure of the infringing products and the materials and means for producing them, together with their destruction if they are causing harm or constitute a risk to human, animal or plant life or health or to the environment.