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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
PART-III
: ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
SECTION-4
: SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
ARTICLE 59
:
Remedies
ARTICLE 59:
Remedies
Without
prejudice
to other
rights
of
action
open
to the
right
holder and
subject
to the
right
of the defendant to
seek
review
by a
judicial authority
,
competent
authorities
shall have the
authority
to
order
the
destruction
or
disposal
of infringing
goods
in
accordance
with the
principles
set out in Article
46
. In
regard
to counterfeit
trademark
goods
, the
authorities
shall not allow the re-
exportation
of the infringing
goods
in an unaltered
state
or
subject
them to a different
customs
procedure
, other than in
exceptional
circumstances
.
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