Where the applicant does not initiate court proceedings leading to a decision on the merits of
the case within twenty (20) working days or thirty (30) calendar days, whichever is the longer,
from the notification of the decision ordering provisional measures or within any other
reasonable period determined by the competent tribunal in the decision, the competent
tribunal shall revoke the provisional measures upon the request of the defendant.
Where the provisional measures are revoked or where the competent tribunal decides on the
merits of the case in proceedings under this article initiated by the applicant that there has
been no infringement or threat of an infringement, the competent tribunal shall order the
applicant, upon the request of the defendant, to provide the defendant appropriate
compensation for any injury caused by the execution of the provisional measures.
The conservatory and provisional measures stipulated by this Law and aiming at preserving
relevant evidence shall also be available before the granting of the pending registration, if the
competent tribunal so deems necessary. In that event, the applicant shall initiate court
proceedings before the competent tribunal within the period stipulated under paragraph (4) of
this article from the publication of the registration of the industrial property.
SECTION 2: CORRECTIVE MEASURES
Article 258: Application and ordering corrective measures for industrial property
On a request by the owner of the protection title, of the licensee or of any interested person,
the competent tribunal may order:
1° cessation of release of counterfeit trademark goods or goods infringing owner’s right into
the channels of commerce;
2° that the counterfeit trademark goods or goods infringing owner’s right goods be disposed
of commercial channels, without compensation of any sort, in such a manner as to avoid
any harm caused to the right owner; the simple removal of the trademark unlawfully
affixed shall not be sufficient, other than in exceptional cases, to permit release of the
goods into the channels of commerce;
3° that materials or instruments the predominant use of which has been or may be the
creation of infringing goods be disposed of outside the channels of commerce without
compensation of any sort in such a manner as to minimize the risks of further
infringement of the owner’s right.
4° the seizure, forfeiture or destruction of the infringing goods and of any materials and
instruments having mainly served in the commission of the offence.
Article 259: Request for corrective measures for copyrights and related rights
Upon a request by the owner of the protected right, by the licensee or by any interested
person, the competent tribunal may order:
1° cessation of infringement and any infringing act to right protected under this Law;