Law-ref.org
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Site search
Global links
homepage
documents
Sister sites
Chess-Ref
ZVON
RFC-Ref
InChI
REACH Online
Local links
Previous
Next
Frontpage
Contents
Keywords
Local
Global
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y
claim
[
Global Index
]
ARTICLE-42
: Fair and Equitable Procedures [
go to this ARTICLE
]
...
Members
shall make available to
right
holders
(11)
civil
judicial
procedures
concerning
the
enforcement
of any
intellectual property
right
covered by this
Agreement
. Defendants shall have the
right
to
written notice
which is timely and contains sufficient
detail
,
including
the basis of the
claims
.
Parties
shall be allowed to be represented by
independent
legal
counsel
, and
procedures
shall not impose overly burdensome
requirements
concerning
mandatory
personal
appearances. All
parties
to such
procedures
shall be duly entitled to substantiate their
claims
and to present all
relevant
evidence
. The
procedure
shall provide a means to
identify
and
protect
confidential information
, unless this would be
contrary
to
existing
constitutional
requirements
. ...
...
Members
shall make available to
right
holders
(11)
civil
judicial
procedures
concerning
the
enforcement
of any
intellectual property
right
covered by this
Agreement
. Defendants shall have the
right
to
written notice
which is timely and contains sufficient
detail
,
including
the basis of the
claims
.
Parties
shall be allowed to be represented by
independent
legal
counsel
, and
procedures
shall not impose overly burdensome
requirements
concerning
mandatory
personal
appearances. All
parties
to such
procedures
shall be duly entitled to substantiate their
claims
and to present all
relevant
evidence
. The
procedure
shall provide a means to
identify
and
protect
confidential information
, unless this would be
contrary
to
existing
constitutional
requirements
. ...
ARTICLE-43
: Evidence [
go to this ARTICLE
]
... 1. The
judicial authorities
shall have the
authority
, where a
party
has presented reasonably available
evidence
sufficient to
support
its
claims
and has specified
evidence
relevant
to substantiation of its
claims
which lies in the
control
of the
opposing
party
, to
order
that this
evidence
be produced by the
opposing
party
,
subject
in appropriate
cases
to
conditions
which ensure the
protection
of
confidential information
. ...
... 1. The
judicial authorities
shall have the
authority
, where a
party
has presented reasonably available
evidence
sufficient to
support
its
claims
and has specified
evidence
relevant
to substantiation of its
claims
which lies in the
control
of the
opposing
party
, to
order
that this
evidence
be produced by the
opposing
party
,
subject
in appropriate
cases
to
conditions
which ensure the
protection
of
confidential information
. ...
ARTICLE-57
[
go to this ARTICLE
]
... Without
prejudice
to the
protection
of
confidential information
,
Members
shall provide the
competent authorities
the
authority
to give the
right
holder sufficient
opportunity
to have any
goods
detained
by the
customs
authorities
inspected in
order
to substantiate the
right
holder's
claims
. The
competent authorities
shall also have
authority
to give the
importer
an
equivalent
opportunity
to have any such
goods
inspected. Where a positive
determination
has been made on the
merits
of a
case
,
Members
may provide the
competent authorities
the
authority
to inform the
right
holder of the
names
and
addresses
of the consignor, the
importer
and the
consignee
and of the
quantity
of the
goods
in
question
. ...
ARTICLE-70
: Protection of Existing Subject Matter [
go to this ARTICLE
]
... 7. In the
case
of
intellectual property rights
for which
protection
is conditional upon
registration
,
applications
for
protection
which are pending on the
date
of
application
of this
Agreement
for the
Member
in
question
shall be permitted to be amended to
claim
any enhanced
protection
provided under the
provisions
of this
Agreement
. Such
amendments
shall not
include
new matter. ...
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y