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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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correspondence
[
Global Index
]
ARTICLE-29
: Conditions on Patent Applicants [
go to this ARTICLE
]
... 2.
Members
may require an
applicant
for a
patent
to provide
information
concerning
the
applicant
's
corresponding
foreign
applications
and
grants
. ...
ARTICLE-51
: Suspension of Release by Customs Authorities [
go to this ARTICLE
]
...
Members
shall, in
conformity
with the
provisions
set out below,
adopt
procedures
(13)
to enable a
right
holder, who has
valid
grounds for suspecting that the
importation
of counterfeit
trademark
or
pirated
copyright
goods
(14)
may take
place
, to lodge an
application
in
writing
with
competent authorities
,
administrative
or
judicial
, for the
suspension
by the
customs
authorities
of the
release
into
free circulation
of such
goods
.
Members
may enable such an
application
to be made in
respect
of
goods
which involve other
infringements
of
intellectual property rights
, provided that the
requirements
of this Section are met.
Members
may also provide for
corresponding
procedures
concerning
the
suspension
by the
customs
authorities
of the
release
of infringing
goods
destined for
exportation
from their
territories
. ...
ARTICLE-61
[
go to this ARTICLE
]
...
Members
shall provide for
criminal
procedures
and
penalties
to be applied at least in
cases
of
wilful
trademark
counterfeiting
or
copyright
piracy
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. In appropriate
cases
,
remedies
available shall also
include
the
seizure
, forfeiture and
destruction
of the infringing
goods
and of any
materials
and
implements
the predominant use of which has been in the
commission
of the
offence
.
Members
may provide for
criminal
procedures
and
penalties
to be applied in other
cases
of
infringement
of
intellectual property rights
, in particular where they are committed wilfully and on a
commercial
scale. ...
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