page 82
Article 409: If any delay is likely to cause irreparable damage to the right holder or if there is
a clear risk that evidence may be destroyed, the court shall order provisional
measures without giving the other party an opportunity to be heard, provided
that the claimant has:
- supplied all reasonably available evidence so that the court is satisfied that he
is the holder of the right and that his right has been infringed or that such
infringement is imminent;
- supplied sufficient security or an equivalent guarantee with a view to
protecting the defendant and preventing abuses.
Article 410: If provisional measures have been ordered without the other party having been
given an opportunity to be heard, the court shall notify the parties at the latest
after the enforcement of the measures.
Article 411: If provisional measures have been ordered in accordance with Articles 409 and
410, the defendant may file a request for review with the court within a period of
two weeks starting from notification of the decision.
During the review proceedings, the court shall hear the parties and shall uphold,
amend or reverse the decision within a reasonable period after notification of the
decision.
Article 412: In the event that the claimant has not initiated proceedings leading to a decision
on the merits within a period of 20 working days, starting from the notification
of the decision ordering provisional measures or within another reasonable
period fixed by the court in the decision it has handed down, the judge shall
revoke the provisional measures at the defendant’s request.
Article 413: In the event that the provisional measures have been revoked or if the court
decides after an examination of the merits within the framework of the
proceedings covered by Article 412 that there has not been infringement or
danger of infringement, the court shall grant the defendant, at his request,
appropriate compensation at the plaintiff’s expense.
Article 414: The measures provided for in this Chapter aimed at safeguarding relevant
evidence may also be taken before the pending registration has been finalized if
the court deems it necessary. Should this be the case, the plaintiff must institute
proceedings leading to a decision on the merits within a period of 20 working
days, starting from the publication of the pending registration.
Chapter IV: Administration of evidence and burden of proof
Article 415: If a party has submitted sufficient evident to substantiate his allegations and has
specified the evidence in support of these allegations held by the opposing party,
the court may order that party to produce such evidence, provided that the
protection of confidential information is guaranteed.