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ii. Injunction to prevent goods entering channels of commerce
Article 9(1)(b) of the Enforcement Directive provides that Member States shall
ensure that the judicial authorities may, at the request of the applicant 'order the
seizure or delivery up of the goods suspected of infringing an intellectual
property right so as to prevent their entry into or movement within the channels
of commerce'.
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iii. Precautionary seizure of immovable property
Article 9(2) of the Enforcement Directive provides that in the case of an
infringement committed on a commercial scale, the Member States shall ensure
that, if the injured party demonstrates circumstances likely to endanger the
recovery of damages, the judicial authorities may order the precautionary
seizure of the movable and immovable property of the alleged infringer,
including the blocking of his/her bank accounts and other assets. To that end,
the competent authorities may order the communication of bank, financial or
commercial documents, or appropriate access to the relevant information.
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iv. Required evidence
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Article 9(3) of the Enforcement Directive provides that the judicial authorities
shall, in respect of the measures referred to in Art 9(1) and (2), have the
authority to require the applicant to provide any reasonably available evidence
in order to satisfy themselves 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.
v.
Ex parte applications
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Article 9(4) of the Enforcement Directive provides that the Member States
shall ensure that the provisional measures referred to in Art 9(1) and (2) may, in
appropriate cases, be taken without the defendant having been heard, in
particular where any delay would cause irreparable harm to the right holder. In
that event, the parties shall be so informed without delay after the execution of
the measures at the latest.
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A review, including a right to be heard, shall take place upon request of the
defendant with a view to deciding, within a reasonable time after notification of
the measures, whether those measures shall be modified, revoked or confirmed.
vi. Revocation of provisional measures
Article 9(5) of the Enforcement Directive provides that the Member States
shall ensure that the provisional measures referred to in Art 9(1) and (2) are
revoked or otherwise cease to have effect, upon request of the defendant, if the
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