CHAPTER XII
PROVISIONAL DECISION BY THE COURT
Article 85
On the basis of an adequate evidence, the party whose rights have been infringed may request to the judge at he Commercial Court to issue a provisional decision regarding:
a. the prevention of entry of goods related to infringement of the right of mark;
b. the keeping of evidence relating the infringement of relevant mark.
Article 86
(1) The request for a provisional decision shall be filed in writing at the Commercial Court by:
a. enclosing/attaching evidence on the ownership of mark;
b. enclosing/attaching evidence on a strong indication of the infringement of mark;
c. stating clearly the goods and/or documents requested, sought, collected and kept for the purpose of evidencing;
d. stating a doubt or worry that the party allegedly committed the infringement of mark will be able to easily eliminate evidence; and
e. paying insurance in the form of cash or bank guarantee.
(2) Where the provisional decision as referred to in Article 85 has been implemented, the Commercial Court shall immediately notify the party affected by the action and grant a chance to be heard.
Article 87
Where the Commercial Court has issued a provisional decision, a Judge at the Commercial Court who has examined the relevant dispute shall decide whether to amend, cancel or reaffirm the injunction as referred to in Article 85 within the period of 30 (thirty) days at the latest as of the date of issuance of the relevant provisional decision.
Article 88
Where a provisional decision has been:
a. affirmed, the insurance money that has been paid shall be returned to the party that has filed for the decision and the party may file a lawsuit as referred to in Article 76;
b. canceled, the insurance money party that has been paid shall be given to the party affected by the action as a compensation for the provisional decision.