Laws
the measures stipulated in Paragraph (1) of this Article conservatively to prevent the
occurrence of the infringement or with the aim of preserving evidence related to an
infringement act.
4. The court may, in the event that the delay causes harm to the right holder that cannot be
compensated, or in cases where there is a risk that can be demonstrated as a result of the
loss of evidence related to the act of infringement, take any of the measures stipulated in
Paragraph (1) of this Article in a conservative manner, without informing the defendant
and in his/ her absence. The affected parties shall be informed of the measures taken by the
court immediately after the implementation of the procedure. The defendant may request a
session to hear his/ her statements within a reasonable period of time after being informed
of the procedure. The court shall decide at this session whether the precautionary measure
should be confirmed, modified or repealed.
5. The request for the precautionary measure in accordance with the provisions of paragraphs
(3) and (4) of this Article shall be accompanied by a sufficient financial guarantee to
prevent abuse and to guarantee any damages that may be caused to the defendant if the
plaintiff is not right in his/ her lawsuit.
6. Upon the defendant’s request, the precautionary measures taken prior to filing the lawsuit in
accordance with the provisions of paragraphs (3) and (4) of this article shall be repealed if
a lawsuit is not filed within eight days from the date of the court’s order to take the action.
7. If the precautionary measure taken pursuant to paragraphs (3) and (4) of this Article is
repealed based on the passage of the filing period or due to the plaintiff’s dereliction or it is
found that there is no act of infringement, and based on the defendant’s request, the court
may order adequate compensation for the damages arising from these procedures.
8. The court may order the plaintiff who arbitrarily requests any of the measures mentioned in
this article to adequately compensate the party against whom the measure is taken for his/
her damage as a result of this abuse.
Official Gazette of Iraqi Issue No. (1957)
18
Date: 21/01/1971
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