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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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writing
[
Global Index
]
ARTICLE-41
[
go to this ARTICLE
]
... 3.
Decisions
on the
merits
of a
case
shall preferably be in
writing
and reasoned. They shall be made available at least to the
parties
to the
proceeding
without undue
delay
.
Decisions
on the
merits
of a
case
shall be based only on
evidence
in
respect
of which
parties
were offered the
opportunity
to be heard. ...
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-51
: Suspension of Release by Customs Authorities [
go to this ARTICLE
]
...
Members
shall, in
conformity
with the
provisions
set out below,
adopt
procedures
(13)
to enable a
right
holder, who has
valid
grounds for suspecting that the
importation
of counterfeit
trademark
or
pirated
copyright
goods
(14)
may take
place
, to lodge an
application
in
writing
with
competent authorities
,
administrative
or
judicial
, for the
suspension
by the
customs
authorities
of the
release
into
free circulation
of such
goods
.
Members
may enable such an
application
to be made in
respect
of
goods
which involve other
infringements
of
intellectual property rights
, provided that the
requirements
of this Section are met.
Members
may also provide for
corresponding
procedures
concerning
the
suspension
by the
customs
authorities
of the
release
of infringing
goods
destined for
exportation
from their
territories
. ...
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
. ...
... 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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