by iv4n.p4v1c | Oct 20, 2022 | FAQ
The claimant must act as soon as possible. If the claimant delays, he risks being suspected of having committed an abuse of rights at a later date.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The claimant must show that the facts and consequences they are claiming are plausible by providing the court with documentary evidence. Spontaneous written testimonies or expert reports can prove useful for showing the claims to be plausible but they must be verified...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
There is a distinction between court proceedings and summary proceedings, especially when it comes to preliminary measures. In court proceedings, the claimant must provide conclusive evidence of their rights. With preliminary measures in summary proceedings, the...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The preliminary measures must be subject to a prior hearing with the opposing party. However, in cases of special urgency, and in particular where there is a risk that the enforcement of the measure will be frustrated, the court may order the interim measure...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The subject of a preliminary request can be: the seizure of copies of the work in question;an expert inspection;the request to draw up an inventory;the collection of information to establish the origin, quantity and recipients of the disputed goods;the prohibition of...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Preliminary measures in civil law (Art. 65 CopA) will provide the claimant with interim protection in a legal action until a final decision is made. The law has set out preliminary measures which can be requested before the main court proceedings to establish an...
by iv4n.p4v1c | Oct 20, 2022 | Good to know
If, after the summary proceedings for preliminary measures, the principal action is not yet pending, the court will set a deadline within which the applicant must file their action, subject to the ordered measure becoming automatically ineffective in the event of...
by iv4n.p4v1c | Oct 20, 2022 | Good to know
It is not sufficient to allege that a work has been used unlawfully and that this use threatens to cause serious financial loss or damage to the claimant’s reputation. The claimant needs to show the court that the facts and consequences they are claiming are plausible...
by iv4n.p4v1c | Oct 20, 2022 | Good to know
If there is a risk that the opposing party could be concealing counterfeit goods that it is suspected of possessing during a legal proceeding, the alleged injured party can request the court to seize the goods before a hearing.
by iv4n.p4v1c | Oct 20, 2022 | To consider
If the sole concern is to preserve the financial entitlements of the claimant before court proceedings rather than to prevent the alleged illegal use of a work by ordering a prohibition or remedy, the judge can order the opposing party to provide appropriate security...
