Provisional and Precautionary Measures. 1. Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject to, where appropriate, a recurring penalty payment where provided for by domestic 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 right holder. An interlocutory injunction may also be issued, under the same conditions and in accordance with domestic law, against an intermediary whose services are being used by a third party to infringe an intellectual property right.
Appears in 6 contracts
Samples: Partnership and Cooperation Agreement, Partnership and Cooperation Agreement, Enhanced Partnership and Cooperation Agreement
Provisional and Precautionary Measures. 1. Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to . The judicial authorities may also forbid, on a provisional basis and subject tosubject, where appropriate, to a recurring penalty payment where provided for by domestic 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 right holder. An interlocutory injunction may also be issued, under the same conditions and in accordance with domestic lawconditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right.
Appears in 3 contracts
Samples: Comprehensive and Enhanced Partnership Agreement, Comprehensive and Enhanced Partnership Agreement, Comprehensive and Enhanced Partnership Agreement
Provisional and Precautionary Measures. 1. Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject to, where appropriate, a recurring penalty payment where provided for by domestic 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 right holder. An an interlocutory injunction may also be issued, under the same conditions and in accordance with domestic law, against an intermediary whose services are being used by a third party to infringe an intellectual property right.
Appears in 2 contracts
Samples: Treaty Series 2020, Enhanced Partnership and Cooperation Agreement
Provisional and Precautionary Measures. 1. Each Party shall ensure that the its judicial authorities may, at the request of the applicant, issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject tosubject, where appropriate, to a recurring penalty payment where provided for by domestic lawthe law of that Party, the continuation of the alleged infringements infringement of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder. An interlocutory injunction may also be issued, under the same conditions and in accordance with domestic lawconditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right.
Appears in 1 contract
Samples: Trade Agreement