Page:United States Statutes at Large Volume 115 Part 3.djvu/656

 115 STAT. 2730 PROCLAMATION 7449-JUNE 8, 2001 infiinging goods, including imponed goods immediatdy aha customs cleannce, •nd B. to preserve relevant evidence in regard to the alleged infiingement. Each Party shall authorize its judicial authorities to require any appbcant for provisional measures to provide to the judicial authorities any evidence reasonably available to that applicant that the judicial authorities consider necessary to enable them to determine with a sufficient degree of certainty whether: A. the applicant is therightholder. B. the applicant'srightis being ininnged or such infiingement is imminent; and C. ' any delay in the issuance of such measures is likely *o cause irreparable harm tothe right holder, or there is a demonstrableriskof evidence being destroyed Each Party shall authorize its judicial authorities to require the applicant to provide a security or equivalent assurance suflicient to protect the interests of the defendant and to prevent abuse. Each Party shall authorize its judicial authorities to require an applicant for provisional measures to provide other information necessary for the identification of the relevant goods by the authority that %vill execute the provisional measures. Each Party shall authorize its judicial authorities to order provisional measures on an ex parte basis, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is ademonstrable risk of evidence being destroyed. Each Party shall authorize that where provisional measures are adopted by that Party's judicial authorities on an ex parte basis: A a person affeaed shall be given notice of those measures without delaybut m any event no later than immediately after the execution of the measures, B a defendant shall, on request, have those measuresreviewedby thatParty's judicial authorities for the purpose of deciding, within a reasonable period after notice of those measures is given, whether the measures shall be modified, revoked or confirmed, and shallbe given an opportunity to be heard in the review proceedings. Without prejudice to paragraph S, each Party shall provide that, on the request of the defendant, the Party's judieial authemies shall revoke or otherwise cease to apply the -2 7-

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