Civil and Administrative Procedures and Remedies Sample Clauses

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.
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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.
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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)
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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)
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Civil and Administrative Procedures and Remedies. Article 42
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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).
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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
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Civil and Administrative Procedures and Remedies. 3. Each Party shall provide that, in civil judicial proceedings, its judicial authorities shall have the authority to order the infringer to pay the right holder damages adequate to compensate for the injury the right holder has suffered as a result of the infringement of that person’s intellectual property right by an infringer who knowingly, or with reasonable grounds to know, engages in infringing activity.
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Related to Civil and Administrative Procedures and Remedies

  • Disputes and Remedies 6 7.01 Agreement of the Parties 6 7.02 Operational Remedies 6 7.03 Equitable Remedies 7 7.04 Continuing Duty to Perform 7 Article VIII. Damages 7 8.01 Availability and Assessment 7 8.02 Specific Items of Liability 7

  • – GENERAL ADMINISTRATIVE PROVISIONS Any communication relating to the Contract shall be made in writing and shall bear the Contract number. Communications shall be sent to the following addresses: Agency: European Defence Agency Contracting Unit Rue des Drapiers 00-00 X-0000 Xxxxxxxx Contractor: Mr/Mrs/Ms [complete] [Function] [Company name] [Official address in full]

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  • Liabilities and Remedies 57.7.1 If CLEC or an employee, agent or contractor of CLEC, at any time breaches a provision of this Section 57 and such breach continues after notice thereof from CenturyLink, then, except as otherwise required by Applicable Law, CenturyLink shall have the right, upon notice to CLEC, to suspend or terminate the right to use CenturyLink OSS services granted by Section 57.1 above and/or the provision of CenturyLink OSS services, in whole or in part.

  • 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.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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