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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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security
[
Global Index
]
ARTICLE-50
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-53
[
go to this ARTICLE
]
...
Security
or
Equivalent
Assurance ...
... 1. The
competent authorities
shall have the
authority
to require an
applicant
to provide a
security
or
equivalent
assurance sufficient to
protect
the defendant and the
competent authorities
and to
prevent
abuse
. Such
security
or
equivalent
assurance shall not unreasonably deter
recourse
to these
procedures
. ...
... 1. The
competent authorities
shall have the
authority
to require an
applicant
to provide a
security
or
equivalent
assurance sufficient to
protect
the defendant and the
competent authorities
and to
prevent
abuse
. Such
security
or
equivalent
assurance shall not unreasonably deter
recourse
to these
procedures
. ...
... 2. Where pursuant to an
application
under this Section the
release
of
goods
involving
industrial designs
,
patents
, layout-
designs
or undisclosed
information
into
free circulation
has been suspended by
customs
authorities
on the basis of a
decision
other than by a
judicial
or other
independent authority
, and the
period
provided for in
Article
55
has expired without the granting of
provisional
relief
by the duly empowered
authority
, and provided that all other
conditions
for
importation
have been complied with, the
owner
,
importer
, or
consignee
of such
goods
shall be entitled to their
release
on the posting of a
security
in an
amount
sufficient to
protect
the
right
holder for any
infringement
.
Payment
of such
security
shall not
prejudice
any other
remedy
available to the
right
holder, it being understood that the
security
shall be released if the
right
holder fails to pursue the
right
of
action
within a
reasonable
period
of
time
. ...
... 2. Where pursuant to an
application
under this Section the
release
of
goods
involving
industrial designs
,
patents
, layout-
designs
or undisclosed
information
into
free circulation
has been suspended by
customs
authorities
on the basis of a
decision
other than by a
judicial
or other
independent authority
, and the
period
provided for in
Article
55
has expired without the granting of
provisional
relief
by the duly empowered
authority
, and provided that all other
conditions
for
importation
have been complied with, the
owner
,
importer
, or
consignee
of such
goods
shall be entitled to their
release
on the posting of a
security
in an
amount
sufficient to
protect
the
right
holder for any
infringement
.
Payment
of such
security
shall not
prejudice
any other
remedy
available to the
right
holder, it being understood that the
security
shall be released if the
right
holder fails to pursue the
right
of
action
within a
reasonable
period
of
time
. ...
... 2. Where pursuant to an
application
under this Section the
release
of
goods
involving
industrial designs
,
patents
, layout-
designs
or undisclosed
information
into
free circulation
has been suspended by
customs
authorities
on the basis of a
decision
other than by a
judicial
or other
independent authority
, and the
period
provided for in
Article
55
has expired without the granting of
provisional
relief
by the duly empowered
authority
, and provided that all other
conditions
for
importation
have been complied with, the
owner
,
importer
, or
consignee
of such
goods
shall be entitled to their
release
on the posting of a
security
in an
amount
sufficient to
protect
the
right
holder for any
infringement
.
Payment
of such
security
shall not
prejudice
any other
remedy
available to the
right
holder, it being understood that the
security
shall be released if the
right
holder fails to pursue the
right
of
action
within a
reasonable
period
of
time
. ...
ARTICLE-73
: Security Exceptions [
go to this ARTICLE
]
...
Security
Exceptions
...
... (a) to require a
Member
to furnish any
information
the
disclosure
of which it considers
contrary
to its essential
security
interests
; or ...
... (b) to
prevent
a
Member
from taking any
action
which it considers necessary for the
protection
of its essential
security
interests
; ...
... (c) to
prevent
a
Member
from taking any
action
in pursuance of its
obligations
under the
United Nations Charter
for the
maintenance
of
international peace
and
security
. ...
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