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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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action
[
Global Index
]
ARTICLE-24
: International Negotiations; Exceptions [
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]
... 2. The
Council
for TRIPS shall keep under
review
the
application
of the
provisions
of this Section; the first such
review
shall take
place
within two
years
of the
entry into force
of the WTO
Agreement
. Any matter
affecting
the
compliance
with the
obligations
under these
provisions
may be drawn to the
attention
of the
Council
, which, at the
request
of a
Member
, shall consult with any
Member
or
Members
in
respect
of such matter in
respect
of which it has not been possible to
find
a
satisfactory
solution
through
bilateral
or plurilateral
consultations
between the
Members
concerned
. The
Council
shall take such
action
as may be
agreed
to
facilitate
the
operation
and further the
objectives
of this Section. ...
ARTICLE-40
[
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]
... 3. Each
Member
shall enter, upon
request
, into
consultations
with any other
Member
which has cause to believe that an
intellectual property
right
owner
that is a
national
or domiciliary of the
Member
to which the
request
for
consultations
has been addressed is
undertaking
practices in
violation
of the requesting
Member
's
laws
and
regulations
on the
subject
matter of this Section, and which wishes to secure
compliance
with such
legislation
, without
prejudice
to any
action
under the
law
and to the
full
freedom
of an ultimate
decision
of either
Member
. The
Member
addressed shall accord
full
and sympathetic
consideration
to, and shall afford adequate
opportunity
for,
consultations
with the requesting
Member
, and shall
cooperate
through
supply
of
publicly
available non-
confidential information
of relevance to the matter in
question
and of other
information
available to the
Member
,
subject
to
domestic law
and to the
conclusion
of mutually
satisfactory
agreements
concerning
the
safeguarding
of its
confidentiality
by the requesting
Member
. ...
ARTICLE-41
[
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]
... 1.
Members
shall ensure that
enforcement procedures
as specified in this Part are available under their
law
so as to
permit
effective
action
against any
act
of
infringement
of
intellectual property rights
covered by this
Agreement
,
including
expeditious
remedies
to
prevent
infringements
and
remedies
which
constitute
a
deterrent
to further
infringements
. These
procedures
shall be applied in such a
manner
as to
avoid
the
creation
of barriers to
legitimate
trade
and to provide for
safeguards
against their
abuse
. ...
ARTICLE-43
: Evidence [
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]
... 2. In
cases
in which a
party
to a
proceeding
voluntarily and without good
reason
refuses
access
to, or otherwise does not provide necessary
information
within a
reasonable
period
, or significantly impedes a
procedure
relating to an
enforcement
action
, a
Member
may accord
judicial authorities
the
authority
to make
preliminary
and final
determinations
,
affirmative
or
negative
, on the basis of the
information
presented to them,
including
the
complaint
or the allegation presented by the
party
adversely
affected
by the denial of
access to information
,
subject
to providing the
parties
an
opportunity
to be heard on the allegations or
evidence
. ...
ARTICLE-48
: Indemnification of the Defendant [
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]
... 2. In
respect
of the
administration
of any
law
pertaining to the
protection
or
enforcement
of
intellectual property rights
,
Members
shall only exempt both
public authorities
and
officials
from
liability
to appropriate remedial
measures
where
actions
are taken or intended in
good faith
in the course of the
administration
of that
law
. ...
ARTICLE-52
[
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]
... Any
right
holder initiating the
procedures
under Article
51
shall be required to provide adequate
evidence
to satisfy the
competent
authorities
that, under the
laws
of the
country
of
importation
, there is prima facie an
infringement
of the
right
holder's
intellectual property
right
and to
supply
a sufficiently detailed
description
of the
goods
to make them readily recognizable by the
customs
authorities
. The
competent
authorities
shall inform the
applicant
within a
reasonable
period
whether they have
accepted
the
application
and, where
determined
by the
competent
authorities
, the
period
for which the
customs
authorities
will take
action
. ...
ARTICLE-53
[
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]
... 2. Where pursuant to an
application
under this Section the
release
of
goods
involving
industrial designs
,
patents
, layout-
designs
or undisclosed
information
into
free circulation
has been suspended by
customs
authorities
on the basis of a
decision
other than by a
judicial
or other
independent authority
, and the
period
provided for in Article
55
has expired without the granting of
provisional
relief
by the duly empowered
authority
, and provided that all other
conditions
for
importation
have been complied with, the
owner
,
importer
, or
consignee
of such
goods
shall be entitled to their
release
on the posting of a
security
in an
amount
sufficient to
protect
the
right
holder for any
infringement
.
Payment
of such
security
shall not
prejudice
any other
remedy
available to the
right
holder, it being understood that the
security
shall be released if the
right
holder fails to pursue the
right
of
action
within a
reasonable
period
of
time
. ...
ARTICLE-58
: Ex Officio Action [
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]
...
Ex Officio
Action
...
... (c)
Members
shall only exempt both
public authorities
and
officials
from
liability
to appropriate remedial
measures
where
actions
are taken or intended in
good faith
. ...
ARTICLE-59
: Remedies [
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]
... Without
prejudice
to other
rights
of
action
open
to the
right
holder and
subject
to the
right
of the defendant to
seek
review
by a
judicial authority
,
competent
authorities
shall have the
authority
to
order
the
destruction
or
disposal
of infringing
goods
in
accordance
with the
principles
set out in Article
46
. In
regard
to counterfeit
trademark
goods
, the
authorities
shall not allow the re-
exportation
of the infringing
goods
in an unaltered
state
or
subject
them to a different
customs
procedure
, other than in
exceptional
circumstances
. ...
ARTICLE-63
: Transparency [
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]
... 2.
Members
shall notify the
laws
and
regulations
referred to in paragraph 1 to the
Council
for TRIPS in
order
to assist that
Council
in its
review
of the
operation
of this
Agreement
. The
Council
shall
attempt
to minimize the
burden
on
Members
in carrying out this
obligation
and may
decide
to waive the
obligation
to notify such
laws
and
regulations
directly to the
Council
if
consultations
with
WIPO
on the
establishment
of a
common
register
containing these
laws
and
regulations
are successful. The
Council
shall also consider in this
connection
any
action
required regarding
notifications
pursuant to the
obligations
under this
Agreement
stemming from the
provisions
of Article 6ter of the
Paris Convention
(1967). ...
ARTICLE-71
[
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]
... 2.
Amendments
merely serving the
purpose
of adjusting to higher levels of
protection of intellectual property rights
achieved, and in
force
, in other
multilateral agreements
and
accepted
under those
agreements
by all
Members
of the WTO may be referred to the Ministerial
Conference
for
action
in
accordance
with paragraph 6 of Article X of the WTO
Agreement
on the basis of a
consensus
proposal
from the
Council
for TRIPS. ...
ARTICLE-73
: Security Exceptions [
go to this ARTICLE
]
... (b) to
prevent
a
Member
from taking any
action
which it considers necessary for the
protection
of its essential
security
interests
; ...
... (c) to
prevent
a
Member
from taking any
action
in pursuance of its
obligations
under the
United Nations Charter
for the
maintenance
of
international peace
and
security
. ...
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