Page:United States Statutes at Large Volume 115 Part 3.djvu/652

 115 STAT. 2726 PROCLAMATION 7449-^JUNE 8, 2001 produced the dataforapproval to markeths product,takinginto account the native of the data and the person't efforts and expenditures in producing them. Article 10 Industrial Desigas 1 Each Party shall providefor the protection of independently created industrial designs that are new or original. A Party may provide that: A. deagns arc not new or original iftheydo not significantly differfiomknown designs or combinations of known design features; and B. such protection shall not extend to designs dictated essentially by technical or functional considerations. 2. Each Party shall ensure that the requirements for securing protection for textiledesigns, in particular in regard toany cost, examination or publication, do not unreasonaUyimpair a person's opportunity to seek and obtain such protection. A Party may comply with this obligation through industrial design law or copyright law. 3. Each Party shallprovide the owner ofa protected industrial design therightto prevent other persons iK>t having the owner's consent from making, selling, importing or otherwise distributing articles bearing or embodying a design that is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes. 4. A Party may providefimitedexceptions totheprotection ofindustrial designs, provided that such exceptions do not conflict with the normal exploitation of protected inchistrial designs and do not unreasonably prgudice the legitimate interests of the owner of the protected Each Party shall provide aterm ofprotection for industrial designs available for the amount of at least 10years Article 11 Enibrcenent of Intellectual Property Rights As spediied in this Article and Articles 12 through IS hereof, each Party shall provide procedures in its domestic law ttiat permit effective action against infringement of the intellectual prepeity rights covered by this Chapter. These procedures shall include expeditious remedies to prevent infringement and remedies substantial enough to deter •U' fe^

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