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Chapter Summary

Members may provide that the judicial authorities shall have the authority, to order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or services and of their channels of distribution. Article 47 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), empowers the judicial authorities to seek information concerning the identity of third persons and their channels of distribution. The right to information is subject to certain restrictions. First, the broad concept of third persons is limited by the need to balance the right to information with the seriousness of the infringement involved. Second, TRIPS contains no indication of the criteria that could provide guidance for such proportionality review.

Keywords: facultative character; judicial authorities; restrictions; right to information; seek information; TRIPS



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