Common use of Precautionary Measures Clause in Contracts

Precautionary Measures. 245. Any person who institutes or intends to institute proceedings for infringement may request the competent national authority to order immediate precautionary measures with the view to preventing the infringement from being committed, avoiding its consequences, securing or preserving evidence or ensuring the effectiveness of the action or compensation for damages and prejudice. The precautionary measures may be requested before the action is brought, in conjunction with it or after it has been brought. 246. The following precautionary measures among others may be ordered: (a) the immediate cessation of the acts constituting the alleged infringement; (b) the withdrawal from commercial channels of the goods resulting from the alleged infringement, including containers, packaging, labels, printed matter or advertising or other material, and also the material and means that mainly served for the commission of the infringement; (c) the suspension of the import or export of the goods, materials or means referred to in the foregoing subparagraphs; (d) the provision of sufficient security by the alleged infringer; and (e) the temporary closure of the establishment of the defendant or accused, where necessary to avoid the continuation or recurrence of the alleged infringement.