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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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Contents
Keywords
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Global
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jurisdiction
[
Global Index
]
ARTICLE-3
: National Treatment [
go to this ARTICLE
]
... 2.
Members
may avail themselves of the
exceptions
permitted under paragraph 1 in
relation
to
judicial
and
administrative
procedures
,
including
the designation of an
address
for
service
or the
appointment
of an
agent
within the
jurisdiction
of a
Member
, only where such
exceptions
are necessary to secure
compliance
with
laws
and
regulations
which are not inconsistent with the
provisions
of this
Agreement
and where such practices are not applied in a
manner
which would
constitute
a disguised
restriction
on
trade
. ...
ARTICLE-41
[
go to this ARTICLE
]
... 4.
Parties
to a
proceeding
shall have an
opportunity
for
review
by a
judicial authority
of final
administrative
decisions
and,
subject
to
jurisdictional
provisions
in a
Member
's
law
concerning
the importance of a
case
, of at least the
legal
aspects
of
initial
judicial
decisions
on the
merits
of a
case
. However, there shall be no
obligation
to provide an
opportunity
for
review
of
acquittals
in
criminal
cases
. ...
ARTICLE-44
: Injunctions [
go to this ARTICLE
]
... 1. The
judicial authorities
shall have the
authority
to
order
a
party
to desist from an
infringement
,
inter alia
to
prevent
the
entry
into the
channels
of
commerce
in their
jurisdiction
of imported
goods
that involve the
infringement
of an
intellectual property
right
, immediately after
customs
clearance of such
goods
.
Members
are not obliged to accord such
authority
in
respect
of
protected
subject
matter acquired or ordered by a
person
prior
to knowing or having
reasonable
grounds to know that dealing in such
subject
matter would entail the
infringement
of an
intellectual property
right
. ...
ARTICLE-50
[
go to this ARTICLE
]
... (a) to
prevent
an
infringement
of any
intellectual property
right
from occurring, and in particular to
prevent
the
entry
into the
channels
of
commerce
in their
jurisdiction
of
goods
,
including
imported
goods
immediately after
customs
clearance; ...
A
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B
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C
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D
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E
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F
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G
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H
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J
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K
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L
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M
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N
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P
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R
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V
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Y