Page:20040426 CPAORD 81 Patents Law.pdf/7

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 * || 1. Cease the infringement;

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

3. Preserve evidence related to the infringement.

B. 1. The patent or design owner, before bringing a claim of infringement, may, with 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 owner’s request if the owner proves any of the following:

- the patent or design is being 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 patent or design owner 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 the defendant was notified of the decision. The decision of the Court of Appeals is final.

C. The defendant may file a request, with a bond, to ask the court to discontinue the precautionary measures including the closure of the enterprise, factory, or other related businesses. This decision shall be appeal able within eight days as of the date of its notification. The decision of the Court of Appeals shall be final.

D. The defendant may seek equitable compensation for damages suffered if the court concludes that the plaintiff’s lawsuit is without merit or was not filed within the prescribed period.

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

F. The court may order the confiscation of the infringing products, as well as the materials and tools substantially used in the infringement of the patent. The court may order them destroyed or disposed of for noncommercial purposes.”
 * 29)||Chapter Threebis is added following Article 54 for protection of Undisclosed Information.
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