Article 42: Fair and Equitable Procedures (TRIPS Agreement) | IntelLaw | August 19, 2014

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Article 42: Fair and Equitable Procedures (TRIPS Agreement)

Members shall make available to right holders[23] civil judicial procedures concerning the enforcement of any intellectual property right covered by this Agreement. Defendants shall have the right to written notice which is timely and contains sufficient detail, including the basis of the claims. Parties shall be allowed to be represented by independent legal counsel, and procedures shall not impose overly burdensome requirements concerning mandatory personal appearances. All parties to such procedures shall be duly entitled to substantiate their claims and to present all relevant evidence. The procedure shall provide a means to identify and protect confidential information, unless this would be contrary to existing constitutional requirements.

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[23] For the purpose of this Part, the term “right holder” includes federations and associations having legal standing to assert such rights.

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August 19, 2014

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