Article 125

Upon a request from the party who might have suffered due to the implementation of a patent, the Commercial Court may immediately issue a provisional decision that is effective:

1. To prevent the continuation of infringement on the patent and the rights pertaining to the patent, particularly to prevent the entry of products allegedly infringing the patent and the rights pertaining to the patent into the trade channel, including importation,
2. To keep the evidence relating the infringement of patent and the rights pertaining to the patent in order to prevent the elimination of evidence,
3. To request the party who might have suffered to provide evidence that the party is truly entitled to the patent and the rights pertaining to the patent and that such rights are being infringed.

Article 126

Where a provisional decision by the Court has been issued, the parties concerned shall be notified thereof, including the right to be heard for parties affected by the decision.

Article 127

Where the Commercial Court has issued a provisional decision, it shall decide whether to amend, cancel or reaffirm the decision as referred to in Article 125 within the period of 30 (thirty) days at the latest as of the date of issuance of the relevant provisional decision.

Article 128

Where a provisional decision is cancelled, the party who might have suffered may file a claim to the party that requested the decision for damages he incurred due to the decision.