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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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Global
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conformity
[
Global Index
]
ARTICLE-51
: Suspension of Release by Customs Authorities [
go to this ARTICLE
]
...
Members
shall, in
conformity
with the
provisions
set out below,
adopt
procedures
(13)
to enable a
right
holder, who has
valid
grounds for suspecting that the
importation
of counterfeit
trademark
or
pirated
copyright
goods
(14)
may take
place
, to lodge an
application
in
writing
with
competent authorities
,
administrative
or
judicial
, for the
suspension
by the
customs
authorities
of the
release
into
free circulation
of such
goods
.
Members
may enable such an
application
to be made in
respect
of
goods
which involve other
infringements
of
intellectual property rights
, provided that the
requirements
of this Section are met.
Members
may also provide for
corresponding
procedures
concerning
the
suspension
by the
customs
authorities
of the
release
of infringing
goods
destined for
exportation
from their
territories
. ...
ARTICLE-70
: Protection of Existing Subject Matter [
go to this ARTICLE
]
... 4. In
respect
of any
acts
in
respect
of
specific
objects
embodying
protected
subject
matter which become infringing under the
terms
of
legislation
in
conformity
with this
Agreement
, and which were commenced, or in
respect
of which a
significant
investment
was made, before the
date
of
acceptance
of the WTO
Agreement
by that
Member
, any
Member
may provide for a
limitation
of the
remedies
available to the
right
holder as to the continued
performance
of such
acts
after the
date
of
application
of this
Agreement
for that
Member
. In such
cases
the
Member
shall, however, at least provide for the
payment
of
equitable
remuneration
. ...
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