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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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payment
[
Global Index
]
ARTICLE-44
: Injunctions [
go to this ARTICLE
]
... 2. Notwithstanding the other
provisions
of this Part and provided that the
provisions
of Part II specifically addressing use by
governments
, or by
third parties
authorized
by a
government
, without the
authorization
of the
right
holder are complied with,
Members
may
limit
the
remedies
available against such use to
payment
of
remuneration
in
accordance
with subparagraph (h) of
Article
31
. In other
cases
, the
remedies
under this Part shall apply or, where these
remedies
are inconsistent with a
Member
's
law
, declaratory judgments and adequate
compensation
shall be available. ...
ARTICLE-45
: Damages [
go to this ARTICLE
]
... 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-53
[
go to this ARTICLE
]
... 2. Where pursuant to an
application
under this Section the
release
of
goods
involving
industrial designs
,
patents
, layout-
designs
or undisclosed
information
into
free circulation
has been suspended by
customs
authorities
on the basis of a
decision
other than by a
judicial
or other
independent authority
, and the
period
provided for in
Article
55
has expired without the granting of
provisional
relief
by the duly empowered
authority
, and provided that all other
conditions
for
importation
have been complied with, the
owner
,
importer
, or
consignee
of such
goods
shall be entitled to their
release
on the posting of a
security
in an
amount
sufficient to
protect
the
right
holder for any
infringement
.
Payment
of such
security
shall not
prejudice
any other
remedy
available to the
right
holder, it being understood that the
security
shall be released if the
right
holder fails to pursue the
right
of
action
within a
reasonable
period
of
time
. ...
ARTICLE-70
: Protection of Existing Subject Matter [
go to this ARTICLE
]
... 4. In
respect
of any
acts
in
respect
of
specific
objects
embodying
protected
subject
matter which become infringing under the
terms
of
legislation
in
conformity
with this
Agreement
, and which were commenced, or in
respect
of which a
significant
investment
was made, before the
date
of
acceptance
of the WTO
Agreement
by that
Member
, any
Member
may provide for a
limitation
of the
remedies
available to the
right
holder as to the continued
performance
of such
acts
after the
date
of
application
of this
Agreement
for that
Member
. In such
cases
the
Member
shall, however, at least provide for the
payment
of
equitable
remuneration
. ...
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