Page:United States Statutes at Large Volume 115 Part 3.djvu/657

 PROCLAMATION 7449—JUNE 8, 2001 115 STAT. 2731 « provisionai meuures taken on the basis of paragraphs I and 4 ifproceedings leading to a decision on the merits are not initiated: A. within a reasonable period as determined by the judicial authority ordering the measures where the Party's domestic law so permits, or B. in the absence of such a determination, within a period of no more than 20 working days or 31 calendar days, whichever is longer. Each Party shall authorize itsjudicial authorities to order, on request of the defendant, that the applicant provide compensation for iiquiy caused by provisional measures: A ifthe provisional measures are revoked or lapse because of any act or omission of the applicant, or B ifthejudicial authorities subsequentlyfindthere has been no infringement or threat of infringement of any imellectual property right. Each Party shall provide that, where a provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set out in this Article. Artidc 14 Criminal Prscedures and Penalties Each Party shall provide criminal procedures and penalties to be applied atleast in cases of willliil trademark couiMerfeiting or infringement of copyrights or neighboringrightson a commercial scale Each Party shall provide that penalties available include imprisonmem or monetary fines, or both, sufficient to provide a deterrent, consistent with the level of penalties applied for crimes of a corresponding gravity. Each Party shall provide that, in appropriate cases, its judicial authorities may order the seizure, forfeiture and destruction of infiinging goods and of any materials and implements the predominant use of which has been in the commission of the offense Each Party may provide that, in appropriate cases, its judicial authorities may impose crimiiul penalties for the infringement of intellectual propertyrightsother than those in paragraph 1 of this Aniele, where they are committad wilfully and en a commercial scale. ^I*

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