Cap. 488 Art. 8Measures to be taken by the Court.

(1) Any person referred to in article 3 may by application request the Court to -

(a) issue against the alleged infringer of an intellectual property right a decree intended to prevent any imminent infringement of such intellectual property right, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by law, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the rightholder. An interlocutory injunction may also be issued, under the same conditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right;

(b) order the seizure or delivery up of the goods suspected of infringing an intellectual property right.

(2) Where an infringement of an intellectual property right has been committed on what is deemed by the Court to be a commercial scale it may, if the plaintiff demonstrates the existence of circumstances likely to endanger the recovery of damages, order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of the same infringer’s bank accounts and other assets. Moreover, the Court shall have the power to order the communication of bank, financial or commercial documents, or demand appropriate access to the relevant information, as it deems fit. either being infringed or is in imminent danger of being infringed.

(4) In appropriate cases, and particularly where it deems that any delay would cause irreparable harm to the rightholder, the Court shall take the measures mentioned in subarticles (1) and (2) without first hearing the defendant. In such an event, the parties shall be so informed without delay and in any case not later than immediately after the measures have been executed: Provided that the defendant shall have the right to request the Court by application to review the measures above referred to with a view to deciding, within a reasonable time after notification of the measures, whether such measures should be modified, revoked or confirmed.

(5) If the applicant does not within thirty-one calendar days institute proceedings leading to a decision on the merits of the case before the competent Court, the Court shall upon a request by the defendant proceed to revoke the provisional measures mentioned in the preceding subarticles.

(6) The Court may, on according the provisional measures mentioned above, require the applicant to lodge adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant as provided for in subarticle (7).

(7) Where the provisional measures mentioned above are revoked by the Court, or where they lapse due to any act or omission of the applicant, or where the Court subsequently concludes that there has been no infringement or threat of infringement of an intellectual property right, the Court shall have the power to order the applicant, upon a request by application of the defendant, to provide the same defendant with appropriate compensation for any injury that he may have suffered on account of such measures.