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Fair And Equitable Procedures

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Chapter Summary

Article 42 substantiates the principle of fairness in proceedings, laid down in Art. 41.2, sentence 1, for civil procedures. The provision aims at enforcing intellectual property rights covered by Trade-Related Aspects of Intellectual Property Rights (TRIPS) as effectively as possible, while at the same time respecting the imperatives of fairness and equity. Art. 42, sentence 1 determines that right holders be given access to "civil procedures concerning the enforcement of any intellectual property right covered by this Agreement". The obligation to give the defendant written notice pursuant to Art. 42, sentence 2 is meant to guarantee that defendants have adequate information to prepare their own pleadings. Any such notice must contain "sufficient detail". Art. 42, sentence 3, sub-sentence 1 establishes the right of the disputants to legal representation. The basic principle of fair and equitable procedures designed to facilitate effective law enforcement is laid down in Art. 42, sentence 4.

Keywords: Article 42; equitable procedures; intellectual property rights; legal representation; TRIPS



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