Page:United States Statutes at Large Volume 115 Part 3.djvu/653

 PROCLAMATION 7449—JUNE 8, 2001 115 STAT. 2727 future infiingement. Each Party shall apply enforcement procedures in a manner that does not create barriers to legitiniate trade and contains effective safeguards against abuse Each Party shall ensure that its enforcement procedures are fair and equitable, are not unnecessarily complicated or costly, and do not entail unreasonable time limits or unwarranted delays. Each Party shall ensure that decisions on the merits of a case in judicial and administrative enforcement proceedings are: A in writing and state the reasons on wtvch the decisions are based, B made available without undue delay atleast to the parties in a proceeding; and C based only on evidence in respect of which such parties were offered the opportunity to be heard. Each Party shall ensure that parties in a proceeding have an opportunity to have final administrative decisions reviewed by a judicial authority of that Party and, subject to jurisdictional provisions in its domestic laws concerning the importance of a case, tohave reviewed at least the legal aspects of initial judidal decisions on the merits of a case Notwithstanding the above, neither Party shall be required to provide for judicial review of acquittals in criminal cases Article 12 Specific Procedural and Remedial Aspects of Civil and Administrative Procedures Each Party shall make available torightholders civiljudicial procedures for the enforcement of any intellectual propertyrightcovered by this Agreement Each Party shall provide that: A. defendants have the right to written notice that is timely and contains sufficient detail, including the basis of the claims, B parties in a proceeding are allowed tobe represented byindependent legal counsel, C. enforcement procedures do not include imposition of overly burdensome requirements concerning mandatory personal appearances; D allparties in a proceeding are duly entitled to substaiitiatetheir claims and to present relevant evidence, and 'U' %>'

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