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. 1. The Parties, recognizing the growing importance of protection of intellectual property in pursuing further promotion of trade and investment between the Parties, in accordance with their respective laws and regulations and subject to their available resources, shall cooperate in the field of intellectual property. Costs of cooperation under this Article shall be borne in as an equitable manner as possible. 2. Areas and forms of cooperation under this Article shall be set forth in the Implementing Agreement. For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub- Committee on Intellectual Property (hereinafter referred to in this Article as “the Sub-Committee”) established in accordance with Article 15 shall be: (a) reviewing and monitoring the implementation and operation of this Chapter; (b) discussing any issues related to intellectual property with a view to enhancing protection of intellectual property and enforcement of intellectual property rights and to promoting efficient and transparent administration of intellectual property protection system; (c) exchanging views on the following issues: (i) protection of genetic resources, traditional knowledge and folklore; and (ii) liability of internet service providers; (d) reporting the findings of the Sub-Committee to the Joint Committee; and (e) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 14. Chapter 10 Government Procurement Article 124 Exchange of Information 1. Each Party shall, subject to its laws and regulations, respond in a timely manner to reasonable requests from the other Party for information on its laws and regulations, policies and practices on government procurement, as well as any reforms to its existing government procurement regimes. 2. The exchange of information under paragraph 1 shall be facilitated through the following governmental authorities: (a) for Japan, ...
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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

  • Additional Remedies Upon the occurrence and during the continuation of an Event of Default, Secured Party shall have the right and power to: (a) instruct Grantor, at its own expense, to notify any parties obligated on any of the Collateral, including any Account Grantors, to make payment directly to Secured Party of any amounts due or to become due thereunder, or Secured Party may directly notify such obligors of the security interest of Secured Party, and/or of the assignment to Secured Party of the Collateral and direct such obligors to make payment to Secured Party of any amounts due or to become due with respect thereto, and thereafter, collect any such amounts due on the Collateral directly from such Persons obligated thereon; (b) enforce collection of any of the Collateral, including any Accounts, by suit or otherwise, or make any compromise or settlement with respect to any of the Collateral, or surrender, release or exchange all or any part thereof, or compromise, extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder; (c) take possession or control of any proceeds and products of any of the Collateral, including the proceeds of insurance thereon; (d) extend, renew or modify for one or more periods (whether or not longer than the original period) the Obligations or any obligation of any nature of any other obligor with respect to the Obligations; (e) grant releases, compromises or indulgences with respect to the Obligations, any extension or renewal of any of the Obligations, any security therefor, or to any other obligor with respect to the Obligations; (f) transfer the whole or any part of Capital Securities which may constitute Collateral into the name of Secured Party or Secured Party's nominee without disclosing, if Secured Party so desires, that such Capital Securities so transferred are subject to the security interest of Secured Party, and any corporation, association, or any of the managers or trustees of any trust issuing any of such Capital Securities, or any transfer agent, shall not be bound to inquire, in the event that Secured Party or such nominee makes any further transfer of such Capital Securities, or any portion thereof, as to whether Secured Party or such nominee has the right to make such further transfer, and shall not be liable for transferring the same; (g) vote the Collateral; (h) make an election with respect to the Collateral under Section 1111 of the Bankruptcy Code or take action under Section 364 or any other section of Bankruptcy Code; provided, however, that any such action of Secured Party as set forth herein shall not, in any manner whatsoever, impair or affect the liability of Grantor hereunder, nor prejudice, waive, nor be construed to impair, affect, prejudice or waive Secured Party's rights and remedies at law, in equity or by statute, nor release, discharge, nor be construed to release or discharge, Grantor, any guarantor or other Person liable to Secured Party for the Obligations; and (i) at any time, and from time to time, accept additions to, releases, reductions, exchanges or substitution of the Collateral, without in any way altering, impairing, diminishing or affecting the provisions of this Security Agreement, the Loan Documents, or any of the other Obligations, or Secured Party's rights hereunder, under the Obligations. Grantor hereby ratifies and confirms whatever Secured Party may do with respect to the Collateral and agrees that Secured Party shall not be liable for any error of judgment or mistakes of fact or law with respect to actions taken in connection with the Collateral other than as a result of intentional misconduct or gross negligence.

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