Common use of Provisional and Precautionary Measures Clause in Contracts

Provisional and Precautionary Measures. 1. The Parties 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, 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 where appropriate against a third party29 over whom the relevant judicial authority exercises jurisdiction and whose services are used to infringe an intellectual property right.

Provisional and Precautionary Measures. 1. The Parties Each Party shall ensure that the its judicial authorities may, at the on 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, where appropriate, to a recurring penalty payment where provided for by domestic lawits laws and regulations, 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 where appropriate appropriate, against a third party29 party0 over whom the relevant judicial authority exercises jurisdiction and whose services are used to infringe an intellectual property right.

Provisional and Precautionary Measures. 1. The Parties Each Party shall ensure that the its judicial authorities may, at the on 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, where appropriate, to a recurring penalty payment where provided for by domestic lawits laws and regulations, 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 where appropriate appropriate, against a third party29 party1 over whom the relevant judicial authority exercises jurisdiction and whose services are used to infringe an intellectual property right.

Provisional and Precautionary Measures. 1. The Parties 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, 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 where appropriate against a third party29 party [FN] over whom the relevant judicial authority exercises jurisdiction and whose services are used to infringe an intellectual property right. FN: A Party may provide that a “third party” includes an intermediary.