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Chapter Summary

Article 43.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), specifies the authority of the courts regarding the submission of evidence under the control of the party which does not bear the initial burden of proof. According to Art. 43.1, the courts shall have the authority to order that the opposing party produce evidence relevant to the issue in the case. Art. 43.2 complements the judicial order authority of Art. 43.1 by a facultative evidence rule in the event of frustration of evidence and procedural impediment. According to the final clause of Art. 43.2, the parties must be given an opportunity to be heard before the judicial authority can make a decision.

Keywords: criminal procedures; facultative evidence rule; submission of evidence; Trade-Related Aspects of Intellectual Property Rights (TRIPS)

10.1163/ej.9789004145672.i-910.279
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