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... Recognizing
also the special needs of the least-developed country Members in
respect of maximum flexibility in the domestic implementation of laws
and regulations in order to enable them to create a sound and viable
technological base; ...
... 4. In
order to facilitate the protection of geographical indications for
wines, negotiations shall be undertaken in the Council for TRIPS
concerning the establishment of a multilateral system of notification
and registration of geographical indications for wines eligible for
protection in those Members participating in the system. ...
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: ...
ARTICLE-43: Evidence [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority, where a party has
presented reasonably available evidence sufficient to support its
claims and has specified evidence relevant to substantiation of its
claims which lies in the control of the opposing party, to order that
this evidence be produced by the opposing party, subject in
appropriate cases to conditions which ensure the protection of
confidential information.
...
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-45: Damages [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority to order the infringer
to pay the right holder damages adequate to compensate for the injury
the right holder has suffered because of an infringement of that
person's intellectual property right by an infringer who
knowingly, or with reasonable grounds to know, engaged in infringing
activity. ...
... 2. The
judicial authorities shall also have the authority to order the
infringer to pay the right holder expenses, which may include
appropriate attorney's fees. In appropriate cases, Members may
authorize the judicial authorities to order recovery of profits
and/or payment of pre-established damages even where the infringer
did not knowingly, or with reasonable grounds to know, engage in
infringing activity. ...
... 2. The
judicial authorities shall also have the authority to order the
infringer to pay the right holder expenses, which may include
appropriate attorney's fees. In appropriate cases, Members may
authorize the judicial authorities to order recovery of profits
and/or payment of pre-established damages even where the infringer
did not knowingly, or with reasonable grounds to know, engage in
infringing activity. ...
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. ...
... 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. ...
... 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-47: Right of Information [go to this ARTICLE]
... Members
may provide that the judicial authorities shall have the authority,
unless this would be out of proportion to the seriousness of the
infringement, to order the infringer to inform the right holder of
the identity of third persons involved in the production and
distribution of the infringing goods or services and of their
channels of distribution.
...
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. ...
... 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. ...
... 1. The
judicial authorities shall have the authority to order prompt and
effective provisional measures: ...
... 3. The
judicial authorities shall have the authority to require the
applicant to provide any reasonably available evidence in order to
satisfy themselves with a sufficient degree of certainty that the
applicant is the right holder and that the applicant's right is
being infringed or that such infringement is imminent, and to order
the applicant to provide a security or equivalent assurance
sufficient to protect the defendant and to prevent abuse. ...
... 3. The
judicial authorities shall have the authority to require the
applicant to provide any reasonably available evidence in order to
satisfy themselves with a sufficient degree of certainty that the
applicant is the right holder and that the applicant's right is
being infringed or that such infringement is imminent, and to order
the applicant to provide a security or equivalent assurance
sufficient to protect the defendant and to prevent abuse. ...
... 7. Where
the provisional measures are revoked or where they lapse due to any
act or omission by the applicant, or where it is subsequently found
that there has been no infringement or threat of infringement of an
intellectual property right, the judicial authorities shall have the
authority to order the applicant, upon request of the defendant, to
provide the defendant appropriate compensation for any injury caused
by these measures. ...
... Relevant
authorities shall have the authority to order the applicant to pay
the importer, the consignee and the owner of the goods appropriate
compensation for any injury caused to them through the wrongful
detention of goods or through the detention of goods released
pursuant to Article 55. ...
... Without
prejudice to the protection of confidential information, Members
shall provide the competent authorities the authority to give the
right holder sufficient opportunity to have any goods detained by the
customs authorities inspected in order to substantiate the right
holder's claims. The competent authorities shall also have
authority to give the importer an equivalent opportunity to have any
such goods inspected. Where a positive determination has been made
on the merits of a case, Members may provide the competent
authorities the authority to inform the right holder of the names and
addresses of the consignor, the importer and the consignee and of the
quantity of the goods in question. ...
ARTICLE-59: Remedies [go to this ARTICLE]
... Without
prejudice to other rights of action open to the right holder and
subject to the right of the defendant to seek review by a judicial
authority, competent authorities shall have the authority to order
the destruction or disposal of infringing goods in accordance with
the principles set out in Article 46. In regard to counterfeit
trademark goods, the authorities shall not allow the re-exportation
of the infringing goods in an unaltered state or subject them to a
different customs procedure, other than in exceptional circumstances. ...
ARTICLE-63: Transparency [go to this ARTICLE]
... 2. Members
shall notify the laws and regulations referred to in paragraph 1
to the Council for TRIPS in order to assist that Council in its
review of the operation of this Agreement. The Council shall attempt
to minimize the burden on Members in carrying out this obligation and
may decide to waive the obligation to notify such laws and
regulations directly to the Council if consultations with WIPO on the
establishment of a common register containing these laws and
regulations are successful. The Council shall also consider in this
connection any action required regarding notifications pursuant to
the obligations under this Agreement stemming from the provisions of
Article 6ter of the Paris Convention (1967). ...
ARTICLE-66: Least-Developed Country Members [go to this ARTICLE]
... 2. Developed
country Members shall provide incentives to enterprises and
institutions in their territories for the purpose of promoting and
encouraging technology transfer to least-developed country Members
in order to enable them to create a sound and viable technological
base. ...
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.
...