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(b) appropriate remedies , at least in cases in which a person
45
(c) if applicable and appropriate, the use of databases or registers or holds, with a bad faith intent to profit, a domain
digital libraries which contain relevant information on name that is identical or confusingly similar to a trademark.
traditional knowledge associated with genetic resources.
Article 11.56: Protection of Undisclosed Information
SECTION H
UNFAIR COMPETITION 1. Each Party shall provide protection of undisclosed information in
accordance with paragraph 2 of Article 39 of the TRIPS
Agreement.
Article 11.54: Effective Protection against Unfair Competition
2. Further to paragraph 1, the Parties recognise the importance of
Each Party shall provide for effective protection against acts of unfair protecting undisclosed information in relation to the objectives
44
competition in accordance with the Paris Convention . specified in paragraph 2 of Article 11.1 (Objectives).
Article 11.55: Domain Names SECTION I
COUNTRY NAMES
In connection with its system for the management of its country code
top-level domain (ccTLD) domain names and in accordance with its laws
and regulations and, if applicable, relevant administrator policies Article 11.57: Country Names
regarding protection of privacy and personal data, each Party shall make
the following available: Each Party shall provide the legal means for interested persons to
prevent commercial use of the country name of a Party in relation to a
(a) an appropriate procedure for the settlement of disputes, good in a manner that misleads consumers as to the origin of that good.
based on, or modelled along the same lines as, the
principles established in the Uniform Domain-Name
Dispute-Resolution Policy, as approved by the Internet SECTION J
Corporation for Assigned Names and Numbers, or that: ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
(i) is designed to resolve disputes expeditiously and at
a reasonable cost; SUBSECTION 1
GENERAL OBLIGATIONS
(ii) is fair and equitable;
(iii) is not overly burdensome; and Article 11.58: General Obligations
(iv) does not preclude resort to judicial proceedings; and 1. Each Party shall ensure that enforcement procedures as specified
in this Section are available under its laws and regulations so as
to permit effective action against any act of infringement of
intellectual property rights covered by this Chapter, including
expeditious remedies to prevent infringements and remedies
which constitute a deterrent to further infringements. These
44 For greater certainty, the Parties understand that Article 10bis of the Paris
Convention covers acts of unfair competition in relation to the supply of goods and 45 The Parties understand that such remedies may, but need not, include, among other
services, where relevant. things, revocation, cancellation, transfer, damages, or injunctive relief.
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