与贸易有关的知识产权协定(中英文)

 

            Without prejudice to the protection of confidential information, Members shall provide the competent authorities the authority to give the right holder sufficient opportunity to have any goods detained by the customs authorities inspected in order to substantiate the right holder’s claims.  The competent authorities shall also have authority to give the importer an equivalent opportunity to have any such goods inspected.  Where a positive determination has been made on the merits of a case, Members may provide the competent authorities the authority to inform the right holder of the names and addresses of the consignor, the importer and the consignee and of the quantity of the goods in question.

 

 

Article 58

 

Ex Officio Action

 

            Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired prima facie evidence that an intellectual property right is being infringed:

 

(a)        the competent authorities may at any time seek from the right holder any information that may assist them to exercise these powers;

 

(b)        the importer and the right holder shall be promptly notified of the suspension.  Where the importer has lodged an appeal against the suspension with the competent authorities, the suspension shall be subject to the conditions, mutatis mutandis, set out at Article 55;

 

(c)        Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith.

 

 

Article 59

 

Remedies

 

            Without prejudice to other rights of action open to the right holder and subject to the right of the defendant to seek review by a judicial authority, competent authorities shall have the authority to order the destruction or disposal of infringing goods in accordance with the principles set out in Article 46. In regard to counterfeit trademark goods, the authorities shall not allow the re-exportation of the infringing goods in an unaltered state or subject them to a different customs procedure, other than in exceptional circumstances.

 

 

Article 60

 

De Minimis Imports

 

            Members may exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments.

 

 

SECTION 5:  CRIMINAL PROCEDURES

 

 

Article 61

 

            Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale.  Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity.  In appropriate cases, remedies available shall also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence.  Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale.

 

 

PART IV

 

ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY

RIGHTS AND RELATED INTER-PARTES PROCEDURES

 

 

Article 62

 

1.         Members may require, as a condition of the acquisition or maintenance of the intellectual property rights provided for under Sections 2 through 6 of Part II, compliance with reasonable procedures and formalities.  Such procedures and formalities shall be consistent with the provisions of this Agreement.

 

2.         Where the acquisition of an intellectual property right is subject to the right being granted or registered, Members shall ensure that the procedures for grant or registration, subject to compliance with the substantive conditions for acquisition of the right, permit the granting or registration of the right within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection.

 

3.         Article 4 of the Paris Convention (1967) shall apply