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Article 41

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Chapter Summary

Article 41 lays down a set of general obligations of the Members preceding the special provisions on law enforcement procedures. These general obligations form the basis for understanding and interpreting the subsequent provisions on law enforcement. Art. 41.1, sentence 1 obliges Members to implement the enforcement procedures specified in Part III of the TRIPS Agreement in their national legal systems. Art. 41.2 sets out the essential procedural principles which form the core of procedures according to the rule of law. The requirement of fair and equitable procedures pursuant to Art. 41.2, sentence 1 is given even greater emphasis by its position at the beginning of the list of general procedural principles. Art. 41.3 determines the criteria for drafting decisions on the merits of a case. On the one hand, Art. 41.4, sentence 1 provides legal protection in respect of decisions of administrative authorities.

Keywords: Article 41; enforcement procedures; law enforcement; legal protection; TRIPS Agreement



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