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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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criminal
[
Global Index
]
ARTICLE-41
[
go to this ARTICLE
]
... 4.
Parties
to a
proceeding
shall have an
opportunity
for
review
by a
judicial authority
of final
administrative
decisions
and,
subject
to
jurisdictional
provisions
in a
Member
's
law
concerning
the importance of a
case
, of at least the
legal
aspects
of
initial
judicial
decisions
on the
merits
of a
case
. However, there shall be no
obligation
to provide an
opportunity
for
review
of
acquittals
in
criminal
cases
. ...
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. ...
...
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. ...
A
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B
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C
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D
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E
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F
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G
-
H
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I
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J
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K
-
L
-
M
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N
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O
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P
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Q
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R
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S
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T
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U
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V
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W
-
Y