Federal Negarit Gazeta -- No 55
Federal ~egarit Gazeta
-1'0. 5~
19111 July. 2004.....
19'~ July, 2004, .
Pagr
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b) to preserve relevant evidence in regard to the
alleged infringement.
2/ The court shall have the power to adopt provisional
measures, in audita altera parte where appropriate,
in particular where any delay is likely to cause
irreparable harm to the right holder, or where
there is a demonstrable risk of evidence being
destroyed.
7/
Where the provisional measures are revoked or
where they lepse due to any act or omission by
the applicant, or where it is subsequently found
that there has been no infringement or threat of
infringement of a copyright, the court shall have
the power to order the applicant, upon request of
the defendant, to provide the defendant
appropriate compensation for any injury caused
by these measures.
34. Civil Remedies
3/
In a suit for restraimng the defendant from
committing an infringement, the plaintiff may
apply to the court for a temporary injunction to
restrain the infringement until the suit is disposed
of. The court:
a)
shall consider if the threatened interest can
not be redressed by awarding damages,
whether the. threat is imminent, the prima
facie:strength of the action' and 'the gravity
of the prejudices' a decision for or against
may cause to either of the parties in deciding
'
an applicationofinjunction.'
b) .may grant injunction oil' such terms as to the
duration' of the injunction, keeping an
account, giving security or otherwise, as it
thinks fit.
e) may make a deeper investigation of the
relative strength of the parties before
granting a temporary injunction where the
applications of the above criteria put the
parties on equal position. '
4/ Where an act that infringes the rights protected
under this law is committed, the provisions of the
civil procedure and the criminal procedure codes
on search and seizure shall be applicable.
5/
6/
The court shall have the power to require the
applicant to provide evidence in order to satisfy it
with a sufficient degree of certainty that the
applicant is the right holder and that the
applicant's right is being infringed or that such
infringement is imminent, and to order the
applicant to provide a security or equivalent
assurance sufficient to protect the defendant and
to prevent abuse.
Where provisional measures have been adopted
inaudita altera parte, the parties affected shall be
given notice, without delay after the execution of
the measures at the latest. A review, including a
right to be heard, shall take place upon request of
.the defendant with a view to deciding, with in a
reasonable period after the notification of the
measures, whether these measures shall be
modified, revoked or confirmed.
1/ The court that have jurisdiction to try civil suits
arising under this law, shall have the authority to
award adequate compensation for the material and
moral damage suffered including payment of the
right holder's expenses, grant injunction, give
orde, including those provided below, as it may
deem reasonable.
a) To grant injunction that prohibit the
committing or the continuation of committing
an infringement of any right protected under
this law.
b) To order confiscation of the infringed work
that is made or imported without the
authorization of the owner of any right
protected under this law, where the making or
importation of copies is subject to such
authorization.
c) To impound the packaging and implements
that could be used for the making of
documents, accounts or business papers
referring to such copies.
2/ The owner of copyright or neighboring rights may
instead' of or alternatively to compensation under
Sub Article (1) of this Article claim for the
replacement of the unjust enrichment derived
from the act of infringement. The infringer shall
be demmed unlawfully enriched to the extent he
could have reasonably paid as a royalty had he
been licensed by the owner of the right.
3/ Notwithstanding Sub Article (2) of this Article the
right holder can instead claim to be paid the net
profit gained by the infringer. In such cases an
account will be made to determine the net profit
derived by the infringement and it shall be for the
infringer to prove that part of the profit is
attributable to other market factors.
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