In accordance with the decision of the Parliament:

ARTICLE 1

Scope

This law provides for the protection of evidence in a dispute based on the infringement of intellectual property rights provided for in the following laws:

1) copyright law; (104/1961) ;

2) patent law; (550/1967) ;

3) Law on utility model law; (1988 TO 1991) ;

(4) law on the exclusive right to an integrated circuit; (1999) ;

(5) trademark law; (1997) ;

6) model law; (20,1971) ;

(7) the operational law; (128/1979) ; or

(8) Law on plant variety rights; (789/1992) .

This law shall also apply to the protection of evidence in a dispute concerning:

(1) the law on public authorities Article 24 of the ec Treaty Compensation for damage caused by breach of the obligation of professional secrecy laid down in paragraphs 20 and 21 (185/1987) Or chemical law (19/04/1989) In accordance with the provisions of

(2) the law on unfair practices (1061/1978), Article 4 Shall be replaced by a commercial secret, a technical staff or a technical instruction, or by the imposition of the prohibition laid down in Article 6 of the Law, or of the prohibition of disclosure.

Article 7a of this Act provides for access to information in a dispute referred to in paragraph 1. (21.7.2006/678)

ARTICLE 2

Content of the precautionary measure

In order to safeguard the evidence, the competent court may order that a material which may be presumed to be evidence in a dispute within the meaning of Article 1 shall be seized. In addition to the rear depot or not, the court may order another, but not a more severe, measure which is necessary to obtain or maintain evidence.

When deciding on the imposition of a security measure, the Court should draw attention to the fact that the counterparty does not have a disproportionate disadvantage in relation to the security benefit.

ARTICLE 3

Conditions for a security decision

A security measure may be imposed if:

(1) the applicant may be likely to have the right referred to in Article 1, which may be established in accordance with (37/1895) Chapter 3 of Chapter 3 (1), and that his or her right of infringement or infringement is imminent; and

(2) there is a risk that the counterparty or the person in possession of the evidence shall hide, dispose of or dispose of evidence, or otherwise, in a manner which would compromise the preservation of evidence.

§ 4

Temporary security clearance decision

If the purpose of the precautionary measure may otherwise be compromised, the court may, at the request of the applicant, issue a provisional safeguard decision without reservation to the other side of the opportunity to be heard. The order shall remain in force until the Court decides otherwise.

§ 5

Implementation of the security decision

Where appropriate, the bailight shall be entitled to assistance from the police for the purpose of implementing the decision to act. Where necessary, the bailiff shall be assisted in the implementation of the security measure by an unhindered expert. The expert's aesthetic shall be subject to: Article 35 of Chapter 17 of the Court of Justice Paragraph 2 provides for the expert's aesthetic. However, an applicant or a representative of the applicant may act as an expert if it is likely that it will not lead to the provision of information on a non-confidential business or professional secret. (126.2015/745)

Where appropriate, the bailight shall be entitled to assistance from the police for the purpose of implementing the decision to act. Where necessary, the bailiff shall be assisted in the implementation of the security measure by an unhindered expert. The expert's aesthetic is in force: In Article 47 of Chapter 17 of the Court of Justice Provides for the expert's aesthetic. However, an applicant or a representative of the applicant may act as an expert if it is likely that it will not lead to the provision of information on a non-confidential business or professional secret.

Before inviting an expert, the enforcement officer shall provide the applicant with an opportunity to be heard. The counterparty shall also be given an opportunity to be heard, except where the question is not the implementation of a temporary security decision.

The bailier shall have the right to take photographs, copies and samples, to make image and audio recordings, and to take any other measure necessary for the implementation of the security decision. Implementation shall be provided in such a way as to minimise the prejudice to the obligor or to the holder of the property.

In addition, the implementation of the security measure provided for in this Act shall apply mutatis mutandis: In Chapter 7 of the foreclor Lays down Chapter 7 of the Court of Justice Of the European Parliament and of the Council.

ARTICLE 6

Professional secrecy

On the basis of this law, the obligation of professional secrecy and the prohibition of the exploitation of the applicant, which has been kept confidential, is governed by the law on public access to the public authorities.

§ 7

Additional provisions

The security measure referred to in this Act is otherwise in force: In Chapter 7 of the Court of Justice Provides for precautionary measures.

§ 7a (21.7.2006/678)

Access to information in a dispute

In proceedings for an infringement of an intellectual property right provided for in the law referred to in Article 1 (1), the Court of Justice may, at the request of the applicant, order the defendant, who has been found to have infringed such a right , to provide the necessary information on the origin and distribution network of infringing goods or services. However, such a provision shall not be allowed if it would result in a disproportionate disadvantage compared to the importance of the information available to the defendant.

The information referred to in paragraph 1 shall be:

(1) names and addresses of producers of goods or services, manufacturers, distributors, suppliers, holders, wholesale and retail traders;

(2) information on the quantity of goods produced, produced, delivered, received or ordered, as well as the prices received.

The court may order the defendant to provide the information referred to in this Article at the risk of a fine. The court determines how the information is to be provided. The defendant's obligation or the right to refuse a report is valid, In Chapter 17 of the Court of Justice Provides for a witness.

The court may, for a specific reason, order that the provision referred to in this article be complied with before it has obtained the force of the law.

Article 7b (31.1.2013/120)

Legal place

In the cases referred to in Article 1 (1) and in the cases referred to in Article 1 (2) (2), the security measure referred to in this Act and the provision of information in accordance with Article 7a shall be taken by the market law if the main proceedings are: Pending the completion of a market law or its proceedings in market law, the period laid down for appeal has not expired. The market right shall also decide on the precautionary measure and on the provision of information in accordance with Article 7a, if there is no legal proceedings pending.

Otherwise, the security measure referred to in this Act and the provision of information in accordance with Article 7a shall be decided on: Article 4 of Chapter 7 of the Court of Justice (1), the competent court.

§ 8

Entry into force:

This Act shall enter into force on 1 May 2000.

THEY 119/1999 , LaVM 4/2000, EV 29/2000