COPYRIGHT AND RELATED RIGHTS ACT* - Uaipit.com

the mental anguish and suffering endured as a consequence of the infringement of his moral
rights, if the court finds that the circumstances of the case, and especially the degree of
suffering and its duration so dictate.
Article 170
Provisional measures
(1) If the right holder shows probable grounds for belief that his exclusive right under this Act
is being infringed, the court may, on application of the right holder, order provisional
measures to secure his non-monetary claims, such as:
1. seizure, exclusion from circulation, and taking into custody of copies, means, equipment,
and relevant documents;
2. interdiction of imminent infringements or of infringements already commenced;
3. other similar measures.
(2) If there is a demonstrable risk that the provisional measures mentioned in the above
paragraph may not be effective at a later time, the court may order and execute such
measures without prior notification and hearing of the other party. (inaudita altera parte)
(3) The proceedings for the adoption of provisional measures are summary.
(4) The provisions of the Code of Execution Procedure shall apply to the proceedings for the
adoption of provisional measures, unless otherwise provided by this Act.
Article 171
Preservation of evidence
(1) If the right holder shows probable grounds for belief that his exclusive right under this Act
is being infringed, and that there is a demonstrable risk that evidence of such infringement will
be destroyed or that it will be impossible to obtain such evidence at a later time, the court
may, on application of the right holder, take such evidence without prior notification and
hearing of the other party. (inaudita altera parte)
(2) The taking of evidence, according to the foregoing paragraph may include the inspection
(of places, business records, inventory, databases, computer memory units, or other things
etc.), examination and seizure of documents, examination of witnesses, and the appointment
and examination of experts.
(3) Court order with which the application for the preservation of evidence was granted shall
be served on the adverse party at the time when the actual taking of evidence begins or,
when this is impossible, as soon as the service becomes possible. No appeal can be taken
from such order.
(4) The proceedings for the securing of evidence are summary.