If my intellectual property rights have been infringed, can I also apply for a provisional attachment?

Hello.

Because a provisional attachment can be applied for with respect to any property right for which a right to be preserved is recognized, a provisional attachment can also be applied for on intellectual property rights.

Intellectual property rights for which a provisional attachment can be applied for

▶ Patent rights

▶ Utility model rights

▶ Trademark rights

▶ Design rights

▶ Copyrights

However, a provisional attachment cannot be applied for with respect to the author's moral rights.

The author's moral rights are rights that protect the personal and mental interests an author has in their work, and the right of publication, the right to indicate one's name, and the right to maintain integrity constitute the author's moral rights.

If an application for a provisional attachment is filed, its lawfulness is examined, and after the court's review, a decision on the provisional attachment is issued.

Accordingly, in order to collect and submit appropriate supporting materials, it is important to prepare by consulting an attorney specializing in intellectual property rights.

Afterward, if a decision on the provisional attachment of intellectual property rights is issued, you must be mindful, because depending on the outcome of the suit on the merits, it may lead to compulsory execution or attachment.

As such, a provisional attachment can be applied for not only on property commonly regarded as subject to provisional attachment but also on any property right for which a right to be preserved is guaranteed, so you may wish to consult an intellectual property rights attorney regarding related matters.