ARTICLE 6: GENERAL OBLIGATIONS WITH RESPECT TO ENFORCEMENT
1. Each Party shall ensure that enforcement procedures are available under its law
so as to permit effective action against any act of infringement of intellectual property
rights covered by this Agreement, including expeditious remedies to prevent
infringements and remedies which constitute a deterrent to further infringements. These
procedures shall be applied in such a manner as to avoid the creation of barriers to
legitimate trade and to provide for safeguards against their abuse.
2. Procedures adopted, maintained, or applied to implement the provisions of this
Chapter shall be fair and equitable, and shall provide for the rights of all participants
subject to such procedures to be appropriately protected. These procedures shall not be
unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted
delays.
3. In implementing the provisions of this Chapter, each Party shall take into
account the need for proportionality between the seriousness of the infringement, the
interests of third parties, and the applicable measures, remedies and penalties.
4. No provision of this Chapter shall be construed to require a Party to make its
officials subject to liability for acts undertaken in the performance of their official duties.
Section 2: Civil Enforcement2
ARTICLE 7: AVAILABILITY OF CIVIL PROCEDURES
1. Each Party shall make available to right holders civil judicial procedures
concerning the enforcement of any intellectual property right as specified in this Section.
2. To the extent that any civil remedy can be ordered as a result of administrative
procedures on the merits of a case, each Party shall provide that such procedures shall
conform to principles equivalent in substance to those set forth in this Section.
ARTICLE 8: INJUNCTIONS
1. Each Party shall provide that, in civil judicial proceedings concerning the
enforcement of intellectual property rights, its judicial authorities have the authority to
issue an order against a party to desist from an infringement, and inter alia, an order to
that party or, where appropriate, to a third party over whom the relevant judicial
authority exercises jurisdiction, to prevent goods that involve the infringement of an
intellectual property right from entering into the channels of commerce.
2 A Party may exclude patents and protection of undisclosed information from the scope of this Section.
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