Page:United States Statutes at Large Volume 115 Part 3.djvu/655

 PROCLAMATION 7449^JUNE 8, 2001 115 STAT. 2729 Each Party shall, in order to create an effectivedeterrent to infringement and counterfeiting, authorize its judicial authorities to order that A. goods that they have found to be infiringing be, without compensation of any sort, disposed of outside the channels of commerce in such a maimer as to avoid any injury caused to the right holder or, unless this would be contiary to existing constitutional requirements, destroyed, and B materials and implements the predotninant use of which has been inthe creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a maimer as to minimize the risks of further infringements In considering whether to issue such an order, judicial authorities shall take into account the need for proportionality between the seriousness of the infringement and the remedies ordered, as well as the interests of other persons In regard to counterfeit trademark goods, the simple removal of the trademark utUawfully affixed shall not be sufficient, other than in exceptional cases, topermit release of the goods into the channels of commerce. In respect of the administration of any law pertaining to the protection or enforcement of intellectual property rights, each Party may exempt public authorities and ofTicials from liability, unless their actions were not taken or intended in good faith in the course of the administration of such laws. Notwithstanding the other provisions of Artides 11 through IS of this Chapter, in any case of infringement of an intellectual propertyrightbrought against a Party tothis Agreement, remedies available against that Party may be limited to the payment to the right holder of adequate remuneration in the circumstances of each case, taking into account the economic value of the use. Each Party shall provide that, where a civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles equivalent in substance to those set out in this Anicle Article 13 Provisional Measures I Each Party shall authorize itsjudicial authorities to order prompt and effective provisional mea su res A to prevent an infringement of any intellectual property right, and in particular to prevent the entry into the chaiutels of commerce in their jurisdiction of allegedly

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