e) Where the applicant does not initiate court proceedings leading to a decision on the merits of the case within 20 working days or 31 calendar days, whichever is longer, from the notification of the decision ordering provisional measures or within any other reasonable period determined by the court in the decision, the court shall revoke the provisional measures upon the request of the defendant. f) In granting a provisional measure in accordance with this section, the court shall request the alleged infringer to lodge a guarantee to be able to continue in the use of the invention, in order to ensure the compensation of the right holder in the case that an infringement is finally determined. g) Where the provisional measures are revoked or where the court decides on the merits of the case that there has been no infringement or threat of an infringement, the court shall order the applicant, upon the request of the defendant, to provide the defendant appropriate compensation for any injury caused by the execution of the provisional measures. Section 18 Border Measures Requirements §18.1. Availability of Border Measures (suspension of release by customs authorities) Where justified, and provided the conditions set out in this Section are met, border measures may be ordered by the Director General to prevent the importation of goods bearing a counterfeit mark or pirated copyright goods to enable a right holder, who has valid grounds for suspecting that such importation occur in writing by filing an application. §18.2. Application for Suspension The holder of exclusive rights in a mark or a geographical indication under this Act, who has valid grounds for suspecting that the importation of counterfeit may take place, may file an application with the Director General requesting him to order the customs authority to suspend customs clearance of those goods. §18.3. Request; Prima Facie Evidence a) The application for suspension of customs clearance shall be presented in writing and shall state the grounds for the request. b) It shall be accompanied by: i. prima facie evidence that the applicant is the holder of the exclusive right in the mark or geographical indication; ii. prima facie evidence that his right has been infringed or that an infringement is imminent; 92

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