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- the competitor of the holder of the undisclosed information not to market or
to stop marketing the products whose registration constitutes an act of unfair
competition because such registration is based on the authorized use of
protected undisclosed data resulting from trials or from other data;
- the government authority to pay adequate damages for the unauthorized
disclosure of the data;
- the competitor of the holder of the undisclosed data to pay adequate damages
for the marketing of the products whose registration constitutes an act of
unfair competition.
Section 2: Time limits
Article 404: The civil proceedings provided for in Articles 383 to 401 may be instituted
within a period of five years starting from the date on which the right holder
learned of the infringement or was supposed to have learned of the infringement,
except in the case of bad faith constituting infringement of a distinctive sign or
for purposes of unfair competition; in the latter case, no time limit shall be
applied for instituting proceedings.
Section 3: Plurality of corrective measures
Article 405: If the court establishes that there has been an infringement of an intellectual
property right protected in accordance with this Law, it shall issue an injunction
to the effect that the author of the infringement must cease his acts on a
temporary or final basis and shall order the payment of damages or any other
corrective measure in accordance with the Law.
Article 406: The competent authority shall be entitled to claim ownership of any patent
application filed or any patent granted in a manner which does not comply with
the provisions of Article 21 concerning genetic resources. Should this be the
case, the competent authority shall request the Industrial Property Director to
assign to it or to assign to any body or entity designated by it, part of the
application or the resulting patent, which may in no event be less than 20 per
cent of the value of the claimed invention.
Article 407: If non-compliance with the provisions of Article 21 concerning genetic
resources raises keen public concerns or questions of morality and public order,
the competent authority, if it has complete control over the application or the
resulting patent, may withdraw the application or abandon the patent, so that the
claimed invention falls within the public domain.
Chapter III: Provisional measures
Article 408: The court shall order, in accordance with the procedure provided for in the Code
of Civil Procedure, rapid and effective provisional measures to prevent any
infringement or illegal use covered in the Chapter One of this Title or to
safeguard relevant evidence relating to the alleged infringement.