Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Article 50

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    WTO - Trade-Related Aspects of Intellectual Property Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation