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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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Contents
Keywords
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Global
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injury
[
Global Index
]
ARTICLE-45
: Damages [
go to this ARTICLE
]
... 1. The
judicial authorities
shall have the
authority
to
order
the infringer to
pay
the
right
holder
damages
adequate to
compensate
for the
injury
the
right
holder has
suffered
because of an
infringement
of that
person
's
intellectual property
right
by an infringer who knowingly, or with
reasonable
grounds to know, engaged in infringing
activity
. ...
ARTICLE-48
: Indemnification of the Defendant [
go to this ARTICLE
]
... 1. The
judicial authorities
shall have the
authority
to
order
a
party
at whose
request
measures
were taken and who has
abused
enforcement procedures
to provide to a
party
wrongfully enjoined or restrained adequate
compensation
for the
injury
suffered
because of such
abuse
. The
judicial authorities
shall also have the
authority
to
order
the
applicant
to
pay
the defendant
expenses
, which may
include
appropriate attorney's
fees
. ...
ARTICLE-50
[
go to this ARTICLE
]
... 7. Where the
provisional measures
are revoked or where they lapse
due
to any
act
or
omission
by the
applicant
, or where it is subsequently found that there has been no
infringement
or
threat
of
infringement
of an
intellectual property
right
, the
judicial authorities
shall have the
authority
to
order
the
applicant
, upon
request
of the defendant, to provide the defendant appropriate
compensation
for any
injury
caused by these
measures
. ...
ARTICLE-56
[
go to this ARTICLE
]
...
Relevant
authorities
shall have the
authority
to
order
the
applicant
to
pay
the
importer
, the
consignee
and the
owner
of the
goods
appropriate
compensation
for any
injury
caused to them through the wrongful
detention
of
goods
or through the
detention
of
goods
released pursuant to
Article
55
. ...
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