A bill has been submitted to parliament regarding provisional measures to preserve evidence in civil cases concerning intellectual property rights. The aim of the proposed new legislation is to ensure that Finnish law complies with Article 50 of the Trade Related Intellectual Property Agreement.

The bill includes specific provisions authorizing a court to implement provisional measures (specifically confiscation) in respect of material that is considered significant evidence of infringement.

The party seeking implementation of these measures would be required to provide sufficient evidence of its right to make this request as well as of the infringement. The court would be able to order that a security sufficient to prevent abuse be placed. Provisional measures could also be adopted ex parte, particularly if delay would cause irreparable harm to the right holder or if there was a risk of evidence being destroyed.

For further information on this topic please contact Rainer Hilli at Roschier Holmberg, Attorneys Ltd by telephone (+358 9 228 551) or by fax (+358 9 664 303) or by e-mail ([email protected]).
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