Article 47
The provisions of article 46 of this law shall not bar the resorting to arbitration according to
the conditions stipulated in the arbitration publication.
Article 48
The owner of mark shall file the civil counterfeit lawsuit.
It may also be filed by the applicant for registration according to the conditions stridulated in
article 45 of this law.
However if the license contract does not contain a provision to the country, the beneficiary of
an exclusive right on the exploitation of a mark may file the counterfeit lawsuit if the owner
of the mark did not file such lawsuit despite being alerted.
The intervention of any party to the license contract may be accepted in the counterfeit
lawsuit filed by another party for claiming compensation for incurred damages.
The counterfeit lawsuit prescribe after three years from the date of committing the counterfeit
actions.
No counterfeit lawsuit related to a subsequent registered mark which was allowed to be used
for a period of five years shall be accepted unless it was filed in bad faith, however the nonacceptance of the lawsuit is limited to the goods and service upon which the mark was
allowed to be used.
Article 49
The president of the court competent for the counterfeit lawsuit who is to issue a summary
judgment may order the halt of the counterfeit action temporarily together with the payment
of a fine or he may make its continuation conditional on the deposit of a collateral to
guarantee the compensation of the owner of the mark or the beneficiary of an exclusive
exploitation right.
The request for the halt or the deposit of a collateral shall not be accepted unless the lawsuit
seems initially to be serious and was filed within a month starting from the day the owner of
the mark or the beneficiary of an exclusive exploitation right knew of the counterfeit action.
The president of the court may make the halt conditional on the requester placing a collateral
to guarantee the compensation of the defendant for possible damages if the ruling is issued for
the non-validity of the counterfeit case.
Article 50
Any person who files a counterfeit lawsuit according to the provisions of article 48 of this law
has the right to seek and obtain a permission from the president of the competent court to
appoint an executing judicial clerk assisted by an expert to carry out an expert description
with or without taking samples or with the seizure of the goods or services alleged to have a