Article 1250: Protection of intellectual rights

1. Intellectual rights shall be protected by the means provided for in this Code, taking into account the substance of the right violated and the consequences of the violation of this right. The protection of intellectual rights may be applied at the request of rights holders, collective rights management organizations and other persons in cases established by law. The penalties for violations of intellectual rights set forth in this Code shall be applied if the perpetrator is guilty, unless otherwise established in this Code. Unless otherwise established by this Code, the measures provided for in article 1252.1, paragraph 1, paragraph 3, of this Code are responsible. For violation of intellectual rights committed by the perpetrator in the course of his or her business activities, they shall be applied irrespective of the perpetrator ' s guilt unless he or she proves that: A violation of intellectual rights occurred because of irresistible force, i.e. extraordinary and unavoidable under the circumstances. Under article 1252.1, paragraph 1, subparagraphs 3 and 4, of the present Code, the protection of intellectual rights may be invoked against a person who has caused a violation of his or her intellect. 5. The absence of fault by the perpetrator does not exempt him from the obligation to cease the violation of the intellectual right. (art. 1252, para. 5) Equivalent right to the result of intellectual activity or to a means of individualization or threatening the violation of such right (art. 125, para. 1, subpara. 2), seizure and destruction of counterfeits (art. 125, para. 1, subpara. 4) The acts in question are carried out at the expense of the perpetrator.