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ARTICLE-34: Process Patents: Burden of Proof [go to this ARTICLE]
... 1. For the
purposes of civil proceedings in respect of the infringement of the
rights of the owner referred to in paragraph 1(b) of Article 28,
if the subject matter of a patent is a process for obtaining a
product, the judicial authorities shall have the authority to order
the defendant to prove that the process to obtain an identical
product is different from the patented process. Therefore, Members
shall provide, in at least one of the following circumstances, that
any identical product when produced without the consent of the patent
owner shall, in the absence of proof to the contrary, be deemed to
have been obtained by the patented process: ...
... 3. In the
adduction of proof to the contrary, the legitimate interests of
defendants in protecting their manufacturing and business secrets
shall be taken into account.
...
... 2. Natural
and legal persons shall have the possibility of preventing
information lawfully within their control from being disclosed to,
acquired by, or used by others without their consent in a manner
contrary to honest commercial practices(10)
so long as such information: ...
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. ...
ARTICLE-46: Other Remedies [go to this ARTICLE]
... In order
to create an effective deterrent to infringement, the judicial
authorities shall have the authority to order that goods that they
have found to be infringing be, without compensation of any sort,
disposed of outside the channels of commerce in such a manner as to
avoid any harm caused to the right holder, or, unless this would be
contrary to existing constitutional requirements, destroyed. The
judicial authorities shall also have the authority to order that
materials and implements the predominant use of which has been in the
creation of the infringing goods be, without compensation of any
sort, disposed of outside the channels of commerce in such a manner
as to minimize the risks of further infringements. In considering
such requests, the need for proportionality between the seriousness
of the infringement and the remedies ordered as well as the interests
of third parties shall be taken into account. In regard to
counterfeit trademark goods, the simple removal of the trademark
unlawfully affixed shall not be sufficient, other than in exceptional
cases, to permit release of the goods into the channels of commerce. ...
ARTICLE-63: Transparency [go to this ARTICLE]
... 4. Nothing
in paragraphs 1, 2 and 3 shall require Members to disclose
confidential information which would impede law enforcement or
otherwise be contrary to the public interest or would prejudice the
legitimate commercial interests of particular enterprises, public or
private. ...
ARTICLE-73: Security Exceptions [go to this ARTICLE]
... (a) to require a Member to furnish any information the disclosure of
which it considers contrary to its essential security interests; or ...