Ejerforeningen Æblehaven

Trips Agreement Case Law

6. Without prejudice in paragraph 4, the interim measures taken on the basis of paragraphs 1 and 2 are, at the request of the defendant, removed or otherwise suspended: where a procedure leading to a decision on the merits of the case is not commenced within a reasonable time, the judicial authority that orders the measures where a member`s law permits or, if such a finding does not exist, does not exceed 20 working days or thirty-one calendar days, depending on the longest period. 1. Judicial authorities have the power to order that such evidence be provided by the opposing party, provided that, in appropriate cases, it is subject to conditions guaranteeing the protection of confidential information when a party has provided sufficiently available and relevant evidence to support its allegations. 2. The judicial authorities also have the power to award the offender the payment of fees for the right holder, including reasonable legal fees. In appropriate cases, members may authorize the judicial authorities to order the forfeiture of profits and/or payment of pre-recognized damages, even if the offender did not knowingly or for sufficient reasons to know. 4. Parties to a proceeding have the opportunity to at least verify the legal aspects of the first judicial decisions on the merits, subject to the judicial provisions of a member`s law relating to the importance of a case. However, there is no obligation to provide an opportunity to review criminal acquittals.

Members provide for criminal proceedings and penalties to be imposed at least in cases of intentional infringement or commercial copyright infringement. Corrective measures include custodial sentences and/or monetary penalties sufficient to act as a deterrent and sentences for offences of equal severity. In appropriate cases, corrective action must also be taken to seize, seize, seize and destroy the goods, all equipment and execution that were widely used in the commission of the offence. Members may provide for criminal proceedings and sanctions in other cases of intellectual property infringement, including where they are committed intentionally and in commercial proportions. You can perform more sophisticated searches through the Online Documents search function (opens in a new window) by setting several criteria. B search like, for example, the WT/DSxxx/R document icon (where xxx is the case number) for panel reports and WT/DSxxx/AB/R (where xxx is the case number) for call body reports (i.e. code number), full text or document date. 3.

Decisions on the merits of a case must be made preferably in writing and for reasons. They are made available to the parties to the proceedings at least immediately. Decisions on the merits of a case are based only on evidence for which the parties have had the opportunity to be heard. 2. Notwithstanding the other provisions of this part and provided that the provisions of Part II, which specifically deal with the use by governments or by third parties authorized by a government, are respected without the permission of the right holder, members may limit the remedies against this use to the payment of section 31, point h allowances). In other cases, the remedies of this party apply or, if these remedies are inconsistent with a member`s right, judgments and appropriate compensation are available.