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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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counsel
[
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
. ...
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