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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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enforcement
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... (c) the
provision
of effective and appropriate means for the
enforcement
of
trade
-related
intellectual property rights
, taking into
account
differences
in
national
legal systems
; ...
ARTICLE-4
: Most-Favoured-Nation Treatment [
go to this ARTICLE
]
... (a) deriving from
international agreements
on
judicial
assistance
or
law enforcement
of a
general
nature
and not particularly confined to the
protection
of
intellectual property
; ...
ARTICLE-7
: Objectives [
go to this ARTICLE
]
... The
protection
and
enforcement
of
intellectual property rights
should
contribute
to the
promotion
of
technological
innovation
and to the
transfer
and
dissemination
of
technology
, to the
mutual
advantage
of
producers
and users of
technological knowledge
and in a
manner
conducive to
social
and
economic
welfare
, and to a
balance
of
rights
and
obligations
. ...
ARTICLE-41
[
go to this ARTICLE
]
... 1.
Members
shall ensure that
enforcement procedures
as specified in this Part are available under their
law
so as to
permit
effective
action
against any
act
of
infringement
of
intellectual property rights
covered by this
Agreement
,
including
expeditious
remedies
to
prevent
infringements
and
remedies
which
constitute
a
deterrent
to further
infringements
. These
procedures
shall be applied in such a
manner
as to
avoid
the
creation
of barriers to
legitimate
trade
and to provide for
safeguards
against their
abuse
. ...
... 2.
Procedures
concerning
the
enforcement
of
intellectual property rights
shall be
fair
and
equitable
. They shall not be unnecessarily complicated or costly, or entail
unreasonable
time
-
limits
or unwarranted
delays
. ...
... 5. It is understood that this Part does not
create
any
obligation
to put in
place
a
judicial
system
for the
enforcement
of
intellectual property rights
distinct from that for the
enforcement
of
law
in
general
, nor does it
affect
the
capacity
of
Members
to enforce their
law
in
general
. Nothing in this Part
creates
any
obligation
with
respect
to the
distribution
of
resources
as between
enforcement
of
intellectual property rights
and the
enforcement
of
law
in
general
. ...
... 5. It is understood that this Part does not
create
any
obligation
to put in
place
a
judicial
system
for the
enforcement
of
intellectual property rights
distinct from that for the
enforcement
of
law
in
general
, nor does it
affect
the
capacity
of
Members
to enforce their
law
in
general
. Nothing in this Part
creates
any
obligation
with
respect
to the
distribution
of
resources
as between
enforcement
of
intellectual property rights
and the
enforcement
of
law
in
general
. ...
... 5. It is understood that this Part does not
create
any
obligation
to put in
place
a
judicial
system
for the
enforcement
of
intellectual property rights
distinct from that for the
enforcement
of
law
in
general
, nor does it
affect
the
capacity
of
Members
to enforce their
law
in
general
. Nothing in this Part
creates
any
obligation
with
respect
to the
distribution
of
resources
as between
enforcement
of
intellectual property rights
and the
enforcement
of
law
in
general
. ...
... 5. It is understood that this Part does not
create
any
obligation
to put in
place
a
judicial
system
for the
enforcement
of
intellectual property rights
distinct from that for the
enforcement
of
law
in
general
, nor does it
affect
the
capacity
of
Members
to enforce their
law
in
general
. Nothing in this Part
creates
any
obligation
with
respect
to the
distribution
of
resources
as between
enforcement
of
intellectual property rights
and the
enforcement
of
law
in
general
. ...
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-43
: Evidence [
go to this ARTICLE
]
... 2. In
cases
in which a
party
to a
proceeding
voluntarily and without good
reason
refuses
access
to, or otherwise does not provide necessary
information
within a
reasonable
period
, or significantly impedes a
procedure
relating to an
enforcement
action
, a
Member
may accord
judicial authorities
the
authority
to make
preliminary
and final
determinations
,
affirmative
or
negative
, on the basis of the
information
presented to them,
including
the
complaint
or the allegation presented by the
party
adversely
affected
by the denial of
access to information
,
subject
to providing the
parties
an
opportunity
to be heard on the allegations or
evidence
. ...
ARTICLE-48
: Indemnification of the Defendant [
go to this ARTICLE
]
... 1. The
judicial authorities
shall have the
authority
to
order
a
party
at whose
request
measures
were taken and who has
abused
enforcement procedures
to provide to a
party
wrongfully enjoined or restrained adequate
compensation
for the
injury
suffered
because of such
abuse
. The
judicial authorities
shall also have the
authority
to
order
the
applicant
to
pay
the defendant
expenses
, which may
include
appropriate attorney's
fees
. ...
... 2. In
respect
of the
administration
of any
law
pertaining to the
protection
or
enforcement
of
intellectual property rights
,
Members
shall only exempt both
public authorities
and
officials
from
liability
to appropriate remedial
measures
where
actions
are taken or intended in
good faith
in the course of the
administration
of that
law
. ...
ARTICLE-63
: Transparency [
go to this ARTICLE
]
... 1.
Laws
and
regulations
, and final
judicial
decisions
and
administrative
rulings of
general application
, made effective by a
Member
pertaining to the
subject
matter of this
Agreement
(the
availability
,
scope
,
acquisition
,
enforcement
and
prevention
of the
abuse
of
intellectual property rights
) shall be
published
, or where such
publication
is not practicable made
publicly
available, in a
national
language
, in such a
manner
as to enable
governments
and
right
holders to become acquainted with them.
Agreements
concerning
the
subject
matter of this
Agreement
which are in
force
between the
government
or a
governmental agency
of a
Member
and the
government
or a
governmental agency
of another
Member
shall also be
published
. ...
... 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-67
: Technical Cooperation [
go to this ARTICLE
]
... In
order
to
facilitate
the
implementation
of this
Agreement
,
developed country
Members
shall provide, on
request
and on mutually
agreed
terms
and
conditions
,
technical
and
financial
cooperation
in favour of developing and least-
developed country
Members
. Such
cooperation
shall
include
assistance
in the
preparation
of
laws
and
regulations
on the
protection
and
enforcement
of
intellectual property rights
as well as on the
prevention
of their
abuse
, and shall
include
support
regarding the
establishment
or reinforcement of
domestic
offices
and
agencies
relevant
to these matters,
including
the
training
of
personnel
. ...
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