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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.