Federal Negarit Gazeta -- No 55 Federal ~egarit Gazeta -1'0. 5~ 19111 July. 2004..... 19'~ July, 2004, . Pagr Page b) to preserve relevant evidence in regard to the alleged infringement. 2/ The court shall have the power to adopt provisional measures, in audita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. 7/ Where the provisional measures are revoked or where they lepse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of a copyright, the court shall have the power to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures. 34. Civil Remedies 3/ In a suit for restraimng the defendant from committing an infringement, the plaintiff may apply to the court for a temporary injunction to restrain the infringement until the suit is disposed of. The court: a) shall consider if the threatened interest can not be redressed by awarding damages, whether the. threat is imminent, the prima facie:strength of the action' and 'the gravity of the prejudices' a decision for or against may cause to either of the parties in deciding ' an applicationofinjunction.' b) .may grant injunction oil' such terms as to the duration' of the injunction, keeping an account, giving security or otherwise, as it thinks fit. e) may make a deeper investigation of the relative strength of the parties before granting a temporary injunction where the applications of the above criteria put the parties on equal position. ' 4/ Where an act that infringes the rights protected under this law is committed, the provisions of the civil procedure and the criminal procedure codes on search and seizure shall be applicable. 5/ 6/ The court shall have the power to require the applicant to provide evidence in order to satisfy it with a sufficient degree of certainty that the applicant is the right holder and that the applicant's right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. Where provisional measures have been adopted inaudita altera parte, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of .the defendant with a view to deciding, with in a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. 1/ The court that have jurisdiction to try civil suits arising under this law, shall have the authority to award adequate compensation for the material and moral damage suffered including payment of the right holder's expenses, grant injunction, give orde, including those provided below, as it may deem reasonable. a) To grant injunction that prohibit the committing or the continuation of committing an infringement of any right protected under this law. b) To order confiscation of the infringed work that is made or imported without the authorization of the owner of any right protected under this law, where the making or importation of copies is subject to such authorization. c) To impound the packaging and implements that could be used for the making of documents, accounts or business papers referring to such copies. 2/ The owner of copyright or neighboring rights may instead' of or alternatively to compensation under Sub Article (1) of this Article claim for the replacement of the unjust enrichment derived from the act of infringement. The infringer shall be demmed unlawfully enriched to the extent he could have reasonably paid as a royalty had he been licensed by the owner of the right. 3/ Notwithstanding Sub Article (2) of this Article the right holder can instead claim to be paid the net profit gained by the infringer. In such cases an account will be made to determine the net profit derived by the infringement and it shall be for the infringer to prove that part of the profit is attributable to other market factors. ----------------------