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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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detail
[
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
. ...
ARTICLE-63
: Transparency [
go to this ARTICLE
]
... 3. Each
Member
shall be prepared to
supply
, in response to a
written request
from another
Member
,
information
of the sort referred to in paragraph 1. A
Member
, having
reason
to believe that a
specific
judicial
decision
or
administrative
ruling or
bilateral
agreement
in the
area
of
intellectual property rights
affects
its
rights
under this
Agreement
, may also
request
in
writing
to be given
access
to or be informed in sufficient
detail
of such
specific
judicial
decisions
or
administrative
rulings or
bilateral
agreements
. ...
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