An International Guide to
Patent Case Management for Judges

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3.7.3 Other remedies

Articles 201–204 of the LPI specify provisional measures of search and seizure that may be requested without prejudice to any additional requests for the granting of interlocutory reliefs in the situations previously outlined. Article 201 of the LPI regulates search and seizure procedures in crimes against process invention patents. In these cases, the court officer is accompanied by an expert, who preliminarily verifies the existence of the illicit act. The judge may order the seizure of products obtained by the infringing party through the use of the patented process. This procedure may also be requested in civil actions.

If the search and seizure procedure has been carried out and the party who requested it did so in bad faith due to rivalry, mere whim or gross error, they are liable for damages (Article 204 of the LPI).

In case of industrial or commercial establishments legally organized and publicly functioning, preliminary procedures ordered by the judge are limited to the inspection and seizure of products. Such establishments’ lawfully exercised activities cannot be interrupted (Article 203 of the LPI).