Civil and Administrative Procedures and Remedies. 4. Each Party shall make available to right holders27 civil judicial procedures concerning the enforcement of any intellectual property right.
Civil and Administrative Procedures and Remedies. Article 42: Fair and Equitable Procedures Members shall make available to right holders11 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.
Civil and Administrative Procedures and Remedies. 1. Each Party shall make available to right holders civil judicial procedures concerning the enforcement of any intellectual property right covered in this Chapter.109 United States‐Mexico‐Canada Agreement (2018) (Final Text) North American Free Trade Agreement (1994) Trans‐Pacific Partnership (2015)
Civil and Administrative Procedures and Remedies. (Section 2) The TRIPS Agreement establishes guidelines concerning civil and administrative procedures which must be followed with respect to enforcement of intellectual property rights, including provisions on fair and equitable procedures (Article 42), evidence (Article 43), injunctions (Article 44), damages (Article 45), other remedies such as the authority to order that infringing goods or that materials and implements used in the creation of infringing goods be disposed of (Article 46), right of information, for example the authority to order that the infringer inform the right owner of the identity of third persons involved in the production and distribution of infringing goods or services and of their channels of distribution (Article 47), indemnification of the defendant (Article 48), and application of the above guidelines to administrative procedures (Article 49). (c) Provisional Measures (Section 3) The TRIPS Agreement establishes guidelines concerning provisional measures 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, and to preserve relevant evidence in regard to the alleged infringement, and to adopt provisional measures inaudita altera parte where delay is likely to cause irreparable harm or where there is a risk of evidence being destroyed (Article 50). (d) Special Requirements Related to Border Measures (Section 4) The TRIPS Agreement provides for certain procedures concerning enforcement related to border measures to enable a right holder who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods may take place to lodge an application for the suspension by the customs authorities of the release into free circulation of such goods. Guidelines are established with respect to suspension of release by customs authorities (Article 51), application for such procedures (Article 52), security or equivalent assurance (Article 53), notice of suspension (Article 54), duration of suspension (Article 55), indemnification of the importer and of the owner of the goods (Article 56), right of inspection and information (Article 57), ex officio action (Article 58), remedies (Article 59) and de minimis imports (Article 60). (e)
Civil and Administrative Procedures and Remedies. Article 42
Civil and Administrative Procedures and Remedies. (Section 2) The TRIPS Agreement establishes guidelines concerning civil and administrative procedures which must be followed with respect to enforcement of intellectual property rights. These include provisions on fair and equitable procedures (Article 42), evidence (Article 43), injunctions (Article 44), damages (Article 45), and other remedies, such as the authority to order disposal of infringing goods or materials and implements used in the creation of infringing goods (Article 46); these provisions also deal with right of information, for example the authority to order that the infringer inform the right- owner of the identity of third persons involved in the production and distribution of infringing goods or services and of their channels of distribution (Article 47), indemnification of the defendant (Article 48), and application of the above guidelines to administrative procedures (Article 49). Provisional Measures (Section 3) The TRIPS Agreement establishes guidelines concerning provisional measures to prevent an infringement of any intellectual property right from occurring, and in particular to prevent the entry of goods into the channels of commerce in their jurisdiction, including imported goods immediately after customs clearance. These measures cover also the preservation of relevant evidence in regard to the alleged infringement, and the adoption of provisional measures inaudita altera parte, where delay is likely to cause irreparable harm or where there is a risk of evidence being destroyed (Article 50).
Civil and Administrative Procedures and Remedies. Section 2 concerns Civil and Administrative Procedures and Remedies. The provisions provide the rules for fair and equitable procedures, evidence, injunctions, 48 Refer to the case of enforcement in Thailand where the authorities have expended a disproportionate amount of resources on the enforcement of IP, see Chapter 4 on Enforcement of intellectual property rights in Thailand. damages, other remedies that might be available, and the right of information and indemnification of the defendant.49
