Page:United States Statutes at Large Volume 115 Part 3.djvu/654

 115 STAT. 2728 PROCLAMATION 7449—JUNE 8, 2001 E the procedures inchide a means to identify and protect confidential infomiation. Each Paity shall authorize its judicial authorities: A where a party in a proceeding has presented reasonablyavailableevidence sufficient to support its claims and has specified evidence rdevam to the substantiation of its claims that is within the control of the opposing party,to order the opposing party to produce such evidence, sulqect in appropriate cases to conditions that ensure the protection of confidential information, B. where a party in a proceeding voluntarily and without good reason refijscs access to, or otherwisedoes not provide relevant evidence under thatparty's control within a reasonable period, or significantly impedes a proceeding relating to an enforcement action, to make preliminary and final determinations, a£Simativ« or negative, on the basis of the evidence presented, including the complaint or the allegation presented by the party adversely affeaed by the denial of access to evidence, subject to providing the parties an opportunity to be heard on the allegations or evidence, C. to order a party in a proceeding todesistfiom an infringement, includii^ measures to prevent the entry intothe channels of commerce of imported goods thatinvolve the infringement of an intellectual property right, immediately after customs clearance of such goods D. to order the infringer of an intellectuai property right to pay tiierightholder damages adequate to compensate for the ii^ury therightholder has suffered because of the infringement and the profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages; E. to order an infringer of an intellectual property right to pay therightholder's expenses, which may include appropriate attorney's fees, and F to order a party in a proceeding at whose request measures were taken and who has abused enforcement procedures to provide adequate compensation to any party wrongfully enjoined or restrained in the proceeding for the injury suffered because of such abuse and to pay that party's expenses, which may include appropriate attorney's fees With respect to the authority referred to in subparagraph 2D, a Party shall, at least with respect to works protected bycopyright or neighboringrights,providejudicial authorities with the authority to order the payment of pre-established damages. Judicial authorities shall exercise such authority attheir discretion -IS- 1^

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