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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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pay
[
Global Index
]
ARTICLE-31
: Other Use Without Authorization of the Right Holder [
go to this ARTICLE
]
... (h) the
right
holder shall be
paid
adequate
remuneration
in the
circumstances
of each
case
, taking into
account
the
economic
value
of the
authorization
; ...
ARTICLE-37
: Acts Not Requiring the Authorization of the Right Holder [
go to this ARTICLE
]
... 1. Notwithstanding
Article
36
, no
Member
shall consider
unlawful
the
performance
of any of the
acts
referred to in that
Article
in
respect
of an
integrated
circuit
incorporating an unlawfully
reproduced
layout-
design
or any
article
incorporating such an
integrated
circuit
where the
person
performing or ordering such
acts
did not know and had no
reasonable
ground to know, when acquiring the
integrated
circuit
or
article
incorporating such an
integrated
circuit
, that it incorporated an unlawfully
reproduced
layout-
design
.
Members
shall provide that, after the
time
that such
person
has
received
sufficient
notice
that the layout-
design
was unlawfully
reproduced
, that
person
may perform any of the
acts
with
respect
to the
stock
on hand or ordered before such
time
, but shall be
liable
to
pay
to the
right
holder a sum
equivalent
to a
reasonable
royalty such as would be
payable
under a
freely
negotiated
licence
in
respect
of such a layout-
design
. ...
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
. ...
... 2. The
judicial authorities
shall also have the
authority
to
order
the infringer to
pay
the
right
holder
expenses
, which may
include
appropriate attorney's
fees
. In appropriate
cases
,
Members
may
authorize
the
judicial authorities
to
order
recovery
of
profits
and/or
payment
of pre-
established
damages
even where the infringer did not knowingly, or with
reasonable
grounds to know, engage 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-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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