Casalonga UPC rules of procedure
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Rule 197Order to preserve evidence without hearing the defendant

1. The Court may order measures to preserve evidence [Rule 196.1] [1] without the defendant having been heard, in particular where any delay is likely to cause irreparable harm to the applicant or where there is a demonstrable risk of evidence being destroyed or otherwise ceasing to be available.

2. Where measures to preserve evidence are ordered without the defendant having been heard, Rule 195 [2] shall apply Rule 196 – Order on the Application for preserving evidence to the oral hearing without the presence of the defendant. In such cases, the defendant shall be given notice, immediately at the time of the execution of the measures.

3. Within 30 days after the execution of the measures, the defendant may request a review of the order to preserve evidence. The Request for review shall set out:

(a) the reasons why the order to preserve evidence shal
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[1-
1. The Court may order, in particular, the following:
(a) preserving evidence by detailed description, with or without the taking of samples;
(b) physical seizure of allegedly infringing goods;
(c) physical seizure of the materials and implements used in the production and/or distribution of these goods and any related document;
(d) the preservation and disclosure of digital media and data and the disclosure of any passwords necessary to access them.
For the protection of confidential information the Court may order that any of the above be disclosed only to certain named persons and subject to appropriate terms of non-disclosure.

[2-
1. Where the Court decides to summon the parties to an oral hearing, the date for the oral hearing shall be set as soon as possible after the date of receipt of the Application for preserving evidence.
2. Rules 111 to 116 shall apply mutatis mutandis. Where the applicant is absent from the oral hearing without a reasonable excuse, the Court shall reject the Application for preserving evidence.
3. The decision of the Court on the Application for preserving evidence shall be given in writing as soon as possible after the closure of the oral hearing. If the Court deems appropriate, the decision may be given orally to the parties at the end of the oral hearing but shall as soon as practicable thereafter be given in writing.