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Article 50

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Chapter Summary

Article 50 contains detailed procedural rules on the imposition of provisional measures. To initiate the ordering of a judicial measure under Article 50 the right holder must file an application. Article 50.1 forms the basis for the Members' obligation to provide a procedure for the imposition of provisional measures. The review of the promptness and effectiveness of judicial orders needs to follow the maxims of Article 41. On the one hand, provisional measures can be adopted pursuant to Article 50.1 lit. a for the purpose of preventing the infringement of any intellectual property right. As soon as potential infringers obtain knowledge of possible impending measures, they will try to conceal the infringement. The judicial authorities have the authority "to order the applicant to provide a security or equivalent assurance". Potential security could in particular be the provision of a (bank) guarantee.

Keywords: Article 50; Infringement; intellectual property right; judicial authorities; judicial measure; potential security; provisional measures; right holder

10.1163/ej.9789004145672.i-910.305
/content/books/10.1163/ej.9789004145672.i-910.305
dcterms_subject,pub_keyword
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