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 file a complaint with the competent court, with by a bond, which the court shall accept for the following provisional measures:

1. Cease the infringement;

2. Seize goods subject of the infringement wherever it occurs; or

3. Preserve evidence related to the infringement.

B. 1. The breeder of the protected variety, before bringing a claim of infringement, may, with by a bond, request the court to order any of the procedures provided in paragraph (A) of this Article, without notifying the defendant. The court may grant the breeder's request if the owner proves any of following:

- the breeder’s rights have been infringed;

- the infringement is imminent and may cause irreparable harm; or

- the risk that the evidence will disappear or be damaged is great.

2. If the breeder of the protected variety does not file the lawsuit within eight days from the date of the court's order for precautionary procedures, the ordered procedures shall be deemed canceled.

3. The defendant may appeal the court's decision of precautionary procedures to the Court of Appeals within eight days from the date of the defendant's notification of the decision. The Court of Appeals' decision shall be final.

C. The defendant may seek compensation for the damages suffered if the court concludes that the plaintiff’s lawsuit is without merit.

D. The court may, in all cases, seek the help of experts and specialists.

E. The court may order the confiscation of the infringing variety as well as the materials and tools substantially used in the infringement of the protected variety. The court may also decide to destroy the infringing variety as well as the materials and tools or to dispose of them in any noncommercial purpose.” Rh