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Law-ref.org | Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) |
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... 2. Procedures
concerning the enforcement of intellectual property rights shall be
fair and equitable. They shall not be unnecessarily complicated or
costly, or entail unreasonable time-limits or unwarranted delays. ...
... 3. Decisions
on the merits of a case shall preferably be in writing and reasoned.
They shall be made available at least to the parties to the
proceeding without undue delay. Decisions on the merits of a case
shall be based only on evidence in respect of which parties were
offered the opportunity to be heard. ...
... 2. The
judicial authorities shall have the authority to adopt provisional
measures inaudita altera parte where appropriate, in
particular where any delay is likely to cause irreparable harm to the
right holder, or where there is a demonstrable risk of evidence being
destroyed.
...
... 4. Where
provisional measures have been adopted inaudita altera parte,
the parties affected shall be given notice, without delay after the
execution of the measures at the latest. A review, including a right
to be heard, shall take place upon request of the defendant with a
view to deciding, within a reasonable period after the notification
of the measures, whether these measures shall be modified, revoked or
confirmed. ...
ARTICLE-65: Transitional Arrangements [go to this ARTICLE]
... 2. A
developing country Member is entitled to delay for a further period
of four years the date of application, as defined in paragraph 1,
of the provisions of this Agreement other than Articles 3, 4 and 5. ...
... 3. Any
other Member which is in the process of transformation from a
centrally-planned into a market, free-enterprise economy and which is
undertaking structural reform of its intellectual property system and
facing special problems in the preparation and implementation of
intellectual property laws and regulations, may also benefit from a
period of delay as foreseen in paragraph 2.
...
... 4. To the
extent that a developing country Member is obliged by this Agreement
to extend product patent protection to areas of technology not so
protectable in its territory on the general date of application of
this Agreement for that Member, as defined in paragraph 2, it
may delay the application of the provisions on product patents of
Section 5 of Part II to such areas of technology for an
additional period of five years. ...