Common use of Enforcement of Intellectual Property Rights Clause in Contracts

Enforcement of Intellectual Property Rights. General Obligations 1. Each Party understands that procedures and remedies set forth in this Article for enforcement of intellectual property rights are established in accordance with the principles of due process that each Party recognizes and the foundations of its own legal system. 2. Each Party shall provide that final judicial decisions and administrative rulings of general applicability pertaining to the enforcement of intellectual property rights shall be in writing and shall state any relevant findings of fact and the reasoning or the legal basis on which the decisions or rulings are based. Each Party shall also provide that such decisions or rulings shall be published19 or, where publication is not practicable, otherwise made available to the public, in a national language in such a manner as to enable governments and right holders to become acquainted with them. 3. Each Party shall publicize information on its efforts to provide effective enforcement of intellectual property rights in its civil, administrative, and criminal systems, including any statistical information that the Party may collect for such purposes. 4. This Article does not create for the Parties any obligation: (a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general; or (b) with respect to the distribution of resources for enforcement of intellectual property rights and the enforcement of law in general. 18 A Party may comply with clause (d) by providing a period of marketing exclusivity for the first applicant to successfully challenge the validity or applicability of the patent. 19 A Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet. The Parties understand that a decision that a Party makes on the distribution of enforcement resources shall not be a reason for not complying with the provisions of this Chapter. 5. In civil, administrative, and criminal proceedings involving copyright or related rights, each Party shall provide for a presumption that, in the absence of proof to the contrary, the person whose name is indicated in the usual manner is the right holder in the work, performance, or phonogram as designated.20 Each Party shall also provide for a presumption that, in the absence of proof to the contrary, the copyright or related right subsists in such subject matter.

Enforcement of Intellectual Property Rights. General Obligations 1. Each Party understands that procedures and remedies set forth in this Article for enforcement of intellectual property rights are established in accordance with the principles of due process that each Party recognizes and the foundations of its own legal system. 2. Each Party shall provide that final judicial decisions and administrative rulings of general applicability pertaining to the enforcement of intellectual property rights shall be in writing and 18 For greater certainty, the Parties recognize that this provision does not imply that the marketing approval authority should make patent validity or infringement determinations. 19 A Party may comply with clause (d) by providing a period of marketing exclusivity for the first applicant to successfully challenge the validity or applicability of the patent. shall state any relevant findings of fact and the reasoning or the legal basis on which the decisions or rulings are based. Each Party shall also provide that such decisions or rulings shall be published19 published20 or, where publication is not practicable, otherwise made available to the public, in a national language in such a manner as to enable governments and right holders to become acquainted with them. 3. Each Party shall publicize information on its efforts to provide effective enforcement of intellectual property rights in its civil, administrative, and criminal systems, including any statistical information that the Party may collect for such purposes. 4. This Article does not create for the Parties any obligation: (a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general; or (b) with respect to the distribution of resources for enforcement of intellectual property rights and the enforcement of law in general. 18 A Party may comply with clause (d) by providing a period of marketing exclusivity for the first applicant to successfully challenge the validity or applicability of the patent. 19 A Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet. The Parties understand that a decision that a Party makes on the distribution of enforcement resources shall not be a reason for not complying with the provisions of this Chapter. 5. In civil, administrative, and criminal proceedings involving copyright or related rights, each Party shall provide for a presumption that, in the absence of proof to the contrary, the person whose name is indicated in the usual manner is the right holder in the work, performance, or phonogram as designated.20 designated.21 Each Party shall also provide for a presumption that, in the absence of proof to the contrary, the copyright or related right subsists in such subject matter.

Enforcement of Intellectual Property Rights. General Obligations 1. Each Party understands that procedures and remedies set forth in this Article for enforcement of intellectual property rights are established in accordance with the principles of due process that each Party recognizes and the foundations of its own legal system. 2. Each Party shall provide that final judicial decisions and or administrative rulings of general applicability pertaining to the enforcement of intellectual property rights shall be in writing and shall state any relevant findings of fact and the reasoning or the legal basis on which the decisions or rulings are based. Each Party shall also provide that such decisions or rulings shall be published19 published18 or, where publication is not practicable, otherwise made available to the public, in a national language in such a manner as to enable governments and right holders to become acquainted with them. 3. Each Party shall publicize information on its efforts to provide effective enforcement of intellectual property rights in its civil, administrative, and criminal systemssystem, including any statistical information that the Party may collect for such purposes. 4. This Article does not create for the Parties any obligation: (a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general; or (b) with respect to the distribution of resources for enforcement of intellectual property rights and the enforcement of law in general. 18 A Party may comply with clause (d) by providing a period of marketing exclusivity for the first applicant to successfully challenge the validity or applicability of the patent. 19 A Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet. The Parties understand that a decision that a Party makes on the distribution of enforcement resources shall not be a reason for not complying with the provisions of this Chapter. 5. In civil, administrative, and criminal proceedings involving copyright or related rights, each Party shall provide for a presumption that, in the absence of proof to the 17 For greater clarity, the Parties recognize that this provision does not imply that the marketing approval authority should make patent validity or infringement determinations. 18 A Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet. contrary, the person whose name is indicated in the usual manner is the right holder in the work, performance, or phonogram as designated.20 designated. 19 Each Party shall also provide for a presumption that, in the absence of proof to the contrary, the copyright or related right subsists in such subject matter.

Enforcement of Intellectual Property Rights. General Obligations 1. Each Party understands that procedures and remedies set forth in this Article for enforcement of intellectual property rights are established in accordance with the principles of due process that each Party recognizes and the foundations of its own legal system. 2. Each Party shall provide that final judicial decisions and administrative rulings of general applicability pertaining to the enforcement of intellectual property rights shall be in writing and shall state any relevant findings of fact and the reasoning or the legal basis on which the decisions or rulings are based. Each Party shall also provide that such decisions or rulings shall be published19 or, where publication is not practicable, otherwise made available to the public, in a national language in such a manner as to enable governments and right holders to become acquainted with them. 3. Each Party shall publicize information on its efforts to provide effective enforcement of intellectual property rights in its civil, administrative, and criminal systems, including any statistical information that the Party may collect for such purposes. 4. This Article does not create for the Parties any obligation: (a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general; or (b) with respect to the distribution of resources for enforcement of intellectual property rights and the enforcement of law in general. 18 A Party may comply with clause (d) by providing a period of marketing exclusivity for the first applicant to successfully challenge the validity or applicability of the patent. 19 A Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet. The Parties understand that a decision that a Party makes on the distribution of enforcement resources shall not be a reason for not complying with the provisions of this Chapter. 5. In civil, administrative, and criminal proceedings involving copyright or related rights, each Party shall provide for a presumption that, in the absence of proof to the contrary, the person whose name is indicated in the usual manner is the right holder in the work, performance, or phonogram as designated.20 Each Party shall also provide for a presumption that, in the absence of proof to the contrary, the copyright or related right subsists in such subject matter.

Enforcement of Intellectual Property Rights. General Obligations 1. Each Party understands that procedures and remedies set forth in this Article for enforcement of intellectual property rights are established in accordance with the principles of due process that each Party recognizes and the foundations of its own legal system. 2. Each Party shall provide that final judicial decisions and or administrative rulings of general applicability pertaining to the enforcement of intellectual property rights shall be in writing and shall state any relevant findings of fact and the reasoning or the legal basis on upon which the decisions or rulings are based. Each Party shall also provide that such decisions or rulings shall be published19 orpublished, (11) or where such publication is not practicable, otherwise made available to the publicpublicly available, in a national language in such a manner as to enable governments and right holders to become acquainted with them. 32. Each Party shall publicize information on its efforts to provide effective enforcement of intellectual property rights in its civil, administrative, administrative and criminal systemssystem, including any statistical information that the Party may collect for such purposes. 4. This Article does not create for the Parties any obligation: (a) Nothing in this paragraph shall require a Party to put in place a judicial system for the disclose confidential information that would impede law enforcement of intellectual property rights distinct from that for the enforcement of law in general; or (b) with respect to the distribution of resources for enforcement of intellectual property rights and the enforcement of law in general. 18 A Party may comply with clause (d) by providing a period of marketing exclusivity for the first applicant to successfully challenge the validity or applicability of the patent. 19 A Party may satisfy the requirement for publication by making the decision or ruling available otherwise be contrary to the public on interest or would prejudice the Internetlegitimate commercial interests of particular enterprises, public or private. 3. The Parties understand that a decision that a Party makes on the distribution of enforcement resources shall not be a reason for not excuse that Party from complying with the provisions of this Chapter. 54. In civil, administrative, and criminal proceedings involving copyright or related rights, each Party shall provide for a presumption that, in the absence of proof to the contrary, the natural person or legal entity whose name is indicated in as the usual manner is the right holder in author, producer, performer, or publisher of the work, performance, or phonogram as designated.20 in the usual manner, is the designated right holder in such work, performance, or phonogram. Each Party shall also provide for a presumption that, in the absence of proof to the contrary, the copyright or related right subsists in such subject matter.

Enforcement of Intellectual Property Rights. General Obligations 1. Each Party understands that procedures and remedies set forth in this Article for enforcement of intellectual property rights are established in accordance with the principles of due process that each Party recognizes and the foundations of its own legal system. 2. Each Party shall provide that final judicial decisions and administrative rulings of general applicability pertaining to the enforcement of intellectual property rights shall be in writing and shall state any relevant findings of fact and the reasoning or the legal basis on which the decisions or rulings are based. Each Party shall also provide that such decisions or rulings shall be published19 published18 or, where publication is not practicable, otherwise made available to the public, in a national language in such a manner as to enable governments and right holders to become acquainted with them. 3. Each Party shall publicize information on its efforts to provide effective enforcement of intellectual property rights in its civil, administrative, and criminal systems, including any statistical information that the Party may collect for such purposes. 4. This Article does not create for the Parties any obligation: (a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general; or (b) with respect to the distribution of resources for enforcement of intellectual property rights and the enforcement of law in general. 18 A Party may comply with clause (d) by providing a period of marketing exclusivity for the first applicant to successfully challenge the validity or applicability of the patent. 19 A Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet. The Parties understand that a decision that a Party makes on the distribution of enforcement resources shall not be a reason for not complying with the provisions of this Chapter. 5. In civil, administrative, and criminal proceedings involving copyright or related rights, each Party shall provide for a presumption that, in the absence of proof to the contrary, the 18 A Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet. person whose name is indicated in the usual manner is the right holder in the work, performance, or phonogram as designated.20 designated.19 Each Party shall also provide for a presumption that, in the absence of proof to the contrary, the copyright or related right subsists in such subject matter.