Solicitud de medida cautelar innovativa y depósito de una contracautela
Date | 15 June 2015 |
Published date | 15 June 2015 |
Author | Gustavo P. Giay,Diego Fernández |
Law Firm | Marval O'Farrell Mairal |
Tanto el Acuerdo sobre los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio (“ADPIC”) como el Código Procesal argentino disponen que a fin de conceder una medida cautelar el solicitante debe dar caución suficiente para responder por los supuestos daños que la medida pudiera ocasionar a la parte afectada.
Al mismo tiempo, el Código Procesal también prevé una excepción cuando el solicitante fuere la Nación, una provincia, una de sus reparticiones, una municipalidad o una persona que justifique ser reconocidamente abonada.
El tribunal de primera instancia concedió la medida cautelar solicitada por YPF y le ordenó a este último a depositar $ 100.000 en concepto de contracautela.
En apelación, y en una decisión dividida, los Dres. Recondo y Medina resolvieron revocar la decisión de la instancia anterior en...
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