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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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suffer
[
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
. ...
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