Civil and Administrative Procedures and Remedies. 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. 1. Each Party shall make available to right holders17-45 civil judicial procedures concerning the enforcement of any intellectual property right.
2. Each Party shall provide that in civil judicial proceedings, its judicial authorities shall:
(a) have the authority to order the infringer to pay the right holder:
(i) damages adequate to compensate for the injury the right holder has suffered as a result of the infringement; and
(ii) at least in the case of copyright or related rights infringement and trade xxxx counterfeiting, the profits of the infringer that are attributable to the infringement, and that are not taken into account in determining damages under subparagraph (i) 17-46.
(b) in determining any order for damages made under subparagraph (a), consider, inter alia, any legitimate measure of the value of the infringed goods or services including the retail price.
3. Each Party shall provide that, except in exceptional circumstances, its judicial authorities shall have the authority to order, at the conclusion of civil judicial proceedings concerning infringement of copyright or related rights or trade xxxx counterfeiting, that the prevailing party be awarded payment of courts costs or fees and reasonable attorney’s fees by the infringing party.
4. In civil judicial proceedings concerning copyright or related rights infringement and trade xxxx counterfeiting, each Party shall provide that its judicial authorities shall have the authority, at least where necessary to prevent further infringement, to order the seizure of suspected infringing goods, related materials and implements by means of which such goods are produced.
5. Each Party shall provide that in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities shall have the authority to order the infringer to provide any information that the infringer possesses regarding persons involved in the infringement and regarding the distribution channels of the infringing goods. Judicial authorities shall also have the authority to impose fines or imprisonment on infringers who do not comply with such orders, in accordance with each Party’s domestic law.
6. If a Party’s judicial or other authorities appoint technical or other experts in civil judicial proceedings concerning the enforcement of intellectual property rights, and require that the parties to the proceedings bear the costs of such experts, the Party should seek to ensure that these costs ar...
Civil and Administrative Procedures and Remedies. Fair and Equitable Procedures
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.88 Article 1715:
Civil and Administrative Procedures and Remedies. ➦ • Article 42. Fair and Equitable Procedures Members shall make available to right holders 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. 第二节 民事和行政程序及救济 第四十二条 公平和公正的程序
Civil and Administrative Procedures and Remedies 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
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).
Civil and Administrative Procedures and Remedies. 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.
