1. The
judicial authorities shall have the
authority to
order a
party to
desist from an
infringement,
inter alia to
prevent the
entry
into the
channels of
commerce in their
jurisdiction of imported
goods
that involve the
infringement of an
intellectual property right,
immediately after
customs clearance of such
goods.
Members are not
obliged to accord such
authority in
respect of
protected subject
matter acquired or ordered by a
person prior to knowing or having
reasonable grounds to know that dealing in such
subject matter would
entail the
infringement of an
intellectual property right.
2. Notwithstanding
the other
provisions of this Part and provided that the
provisions of
Part II specifically addressing use by
governments, or by
third
parties authorized by a
government, without the
authorization of the
right holder are complied with,
Members may
limit the
remedies
available against such use to
payment of
remuneration in
accordance
with subparagraph (h) of Article
31. In other
cases, the
remedies under this Part shall apply or, where these
remedies are
inconsistent with a
Member's
law, declaratory judgments and adequate
compensation shall be available.