Criminal Remedies Sample Clauses

Criminal Remedies. Each Party shall provide for criminal procedures and penalties to be applied in cases of the infringement of patent rights, rights relating to utility models, industrial designs, trademarks or layout-designs of integrated circuits, copyrights or related rights, or plant breeder’s rights, committed willfully and on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. Article 122 Cooperation
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Criminal Remedies. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale. SECTION V COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY Article 18
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Criminal Remedies. Each Party shall ensure that criminal procedures and penalties be applied in accordance with Article 61 of the TRIPS Agreement.
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Criminal Remedies. Criminal remedies are left to be determined by the legal system of each member. The intangible benchmark for such remedies is that they serve as a deterrent to IPR infringement.271 Members are free to limit the application of such remedies to trademarks and copyrights.272 The application of criminal remedies to other forms of IPR is only optional for members.273 Expansion of those remedies to other forms is suggested by the TRIPS wording where bad faith and commercial scale infringement occur.274 The remedies could be either imprisonment and/or monetary fines.275 Infringing goods must be disposed out of the market by "seizure, forfeiture or 267TRIPS, supra note 2, at Article 58(c). 268TRIPS, supra note 2, at Article 58(c). 269TRIPS, supra note 2, at Article 59. 270TRIPS, supra note 2, at Article 60. 271TRIPS, supra note 2, at Article 61. 272TRIPS, supra note 2, at Article 61. 273TRIPS, supra note 2, at Article 61. 274TRIPS, supra note 2, at Article 61. 275TRIPS, supra note 2, at Article 61. destruction of the goods".276 This disposal must also be done to tools predominantly assigned to the infringement process.277
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Related to Criminal Remedies

  • Termination and Remedies Provided no TO is outstanding and remains to be performed by either party, this Agreement may be terminated by either party upon 30 days prior written notice to the other party. Any TO may be terminated under the following circumstances: by both Parties on mutual written agreement of the Parties; by either Party for its convenience with written notice and after the Termination Notice Period specified in the Additional Terms has expired; by Mercy Corps immediately upon written notice in the event Mercy Corps’ donor(s) terminates or withdraws funding that Mercy Corps would use to pay Contractor under the Additional Terms; by either Party due to the non-terminating Party’s breach of this Agreement and failure to correct such breach within 15 days prior notice of such breach; be either Party upon written notice if a force majeure event, including any not reasonably foreseeable war, insurrection, change in law or government action or inaction, strike, natural disaster or similar event, prevents the terminating Party from being able to fulfill its obligations under this Agreement; or by Mercy Corps immediately upon written notice if Mercy Corps using its sole discretion determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, in which case Mercy Corps may withhold any and all amounts owed to Contractor until such breach is remedied. In the event of termination due to Contractor’s breach or by Contractor for Contractor’s convenience, Mercy Corps will not be obligated to pay Contractor for any partially completed work. In the event termination is due to Mercy Corps’ breach, by Mercy Corps for Mercy Corps convenience, due to force majeure event, or due to loss of funding, Mercy Corps will be obligated to pay Contractor for its reasonable, pro-rated costs of work completed and expenses properly incurred prior to termination. However, Mercy Corps will not be responsible for any expenses incurred in anticipation of termination or suspension. If Mercy Corps determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, Mercy Corps may, in addition to any other remedies for such breach available at law or in equity, terminate this Agreement.

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