purpose of seizure.
3. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
(Criminal Offences) for which a Party provides criminal procedures and penalties, that
Party shall provide that its competent authorities have the authority to order the
forfeiture or destruction of all counterfeit trademark goods or pirated copyright goods.
In cases where counterfeit trademark goods and pirated copyright goods are not
destroyed, the competent authorities shall ensure that, except in exceptional
circumstances, such goods shall be disposed of outside the channels of commerce in
such a manner as to avoid causing any harm to the right holder. Each Party shall ensure
that the forfeiture or destruction of such goods shall occur without compensation of any
sort to the infringer.
4. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
(Criminal Offences) for which a Party provides criminal procedures and penalties, that
Party shall provide that its competent authorities have the authority to order the
forfeiture or destruction of materials and implements predominantly used in the creation
of counterfeit trademark goods or pirated copyright goods and, at least for serious
offences, of the assets derived from, or obtained directly or indirectly through, the
infringing activity. Each Party shall ensure that the forfeiture or destruction of such
materials, implements, or assets shall occur without compensation of any sort to the
infringer.
5. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
(Criminal Offences) for which a Party provides criminal procedures and penalties, that
Party may provide that its judicial authorities have the authority to order:
(a) the seizure of assets the value of which corresponds to that of the assets
derived from, or obtained directly or indirectly through, the allegedly
infringing activity; and
(b) the forfeiture of assets the value of which corresponds to that of the
assets derived from, or obtained directly or indirectly through, the
infringing activity.
ARTICLE 26: EXOFFICIO CRIMINAL ENFORCEMENT
Each Party shall provide that, in appropriate cases, its competent authorities may
act upon their own initiative to initiate investigation or legal action with respect to the
criminal offences specified in paragraphs 1, 2, 3, and 4 of Article 23 (Criminal
Offences) for which that Party provides criminal procedures and penalties.
Section 5: Enforcement of Intellectual Property Rights in the Digital Environment
ARTICLE 272 ENFORCEIVIENT IN THE DIGITAL ENVIRONIVIENT
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