Page:UU Hak Cipta 2014 - English official translation.pdf/46

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Article 107

Request for interlocutory injunction is submitted in writing by the Author, the Copyright Holder, the Related Rights owner, or their Proxy to the Commercial Court by compelling the following requirements: attaching proof of Copyright or Related Rights ownership; attaching initial indications of the infringement of the Copyright or Related Rights; attaching a clear description on the goods and/or documents requested, searched, collected, or secured for evidence; attaching a statement of concern that the party allegedly committing the Copyright or Related Rights offense will destroy the evidence; and paying a bail with the amount proportional to the value of the goods to be subject to the interlocutory injunction. The request for interlocutory injunction as referred to in section (1) is submitted to the chief justice of the Commercial Court within the jurisdiction where the goods allegedly to be resulting from Copyright or Related Rights infringement are found.

Article 108

If the request for interlocutory injunction has complied the requirements as referred to in Article 107, the clerk of the Commercial Court registers the request and submits the request for interlocutory injunction not later than 1x24 (one times twenty four) hours to the chief justice of the Commercial Court. Within not later than 2 (two) Days as from the date of receipt of the request for interlocutory injunction as referred to in section (1), Chief Justice of the Commercial Court appoints a judge of Commercial Court to review the request for interlocutory injunction. Within not later than 2 (two) Days as from the date of appointment as referred to in section (2), judge of the Commercial Court must decide in order to grant or refuse the request for interlocutory injunction. In the event that the request for interlocutory injunction is accepted, judge of the Commercial Court will issue a letter of interlocutory injunction. The interlocutory injunction as referred to in section (4) is notified to the parties subject to the interlocutory injunction within not later than 1x24 (one times twenty four) hours.