Article 13 Provisional and protective measures

[Alternative A
A court seised and having jurisdiction under Articles [in the white list] to determine the merits of the case has jurisdiction to order provisional and protective measures.
A court of a Contracting State [may] [has jurisdiction to], even where it does not have jurisdiction to determine the merits of a claim, order a provisional and protective measure in respect of property in that State or the enforcement of which is limited to the territory of that State, to protect on an interim basis a claim on the merits which is pending or to be brought by the requesting party in a Contracting State which has jurisdiction to determine that claim under Articles [in the white list].
(There is no consensus on the words included within the brackets. Other suggestions are to exclude copyright from the scope of the Convention either in whole or only copyright infringement on-line. Furthermore, the following text was proposed as an alternative: [“In proceedings concerning the infringement of a copyright or any neighbouring right, the courts of the Contracting State under whose laws the copyright or the neighbouring right is claimed to be infringed shall have exclusive jurisdiction”]. This proposal seeks to include copyright within the exclusive jurisdiction of the courts of the Contracting State under whose law a copyright is claimed to have been infringed. This is an alternative to the exclusion of proceedings for the infringement of copyright proposed in paragraph 7 above.

[Alternative A