Law-ref.org 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. ...


... 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. ...