The 1992 Trademarks law No. 37 states in Article 41 that the owner of a trademark may, at any time, and even before initiating any civil or criminal action, obtain from the court, upon a petition accompanied by an official certificate establishing the registration of the mark, an order directing the necessary preventive measures be taken, including in particular the following:
- Preparing a detailed descriptive inventory of the articles and equipments indented to be used or actually used in committing any of the crimes provided in the law. The said inventory shall also include the products and goods, manufactured locally or imported, addresses of the establishment or packaging, papers or any other articles on which the counterfeit mark or statement was affixed.
- Seizure of the articles mentioned above after the plaintiff shall have submitted a financial security determined by the court to identify the defendant if that becomes necessary.
The 1992 Patent law Article 58 provides for preventive remedies available to right holder in stating that the owner of the patent can request the competent court before or during the civil or penal action, to issue an order for the precautionary seizure on the invention, the industrial design or on the establishment using or exploiting any of industrial property in relation to which an infringement or an unlawful act has been committed that contravenes the law or contracts or license. The amendment of this Article envisages adding provision to determine the affectivity of the same rule on the application of patent as well.
The amendment to the 1992 Copyright law will provide for precautionary procedures and penalties authorizing the competent court to take decision in order to prevent any fraud or suspend publication, exhibition, reproduction or impose seizure on the copies of the works, performances, phonograms or the broadcasting programs published without prior permission from the right holder.
