Page 400 - Regional Comprehensive Economic Partnership (RCEP)

procedures shall be applied in such a manner as to avoid the
creation of barriers to legitimate trade and to provide for
safeguards against their abuse.

2. Procedures concerning the enforcement of intellectual property
rights shall be fair and equitable. They shall not be unnecessarily
complicated or costly, or entail unreasonable time-limits or
unwarranted delays.

3. In implementing this Section, each Party shall take into account
the need for proportionality between the seriousness of the
infringement of the intellectual property right and the applicable
remedies and penalties, as well as, if applicable, the interests of
third parties.

4. The Parties understand that this Section does not create any
obligation to put in place a judicial system for the enforcement of
intellectual property rights distinct from that for the enforcement
of law in general, nor does it affect the capacity of each Party to
enforce its law in general. Nothing in this Section shall create any
obligation with respect to the distribution of resources as between
enforcement of intellectual property rights and the enforcement of
law in general.

5. In civil proceedings involving copyright of authors, each Party
shall provide for a presumption that, in the absence of proof to
46
the contrary, the person whose name is indicated in the usual
manner as the author of the work is the author of the work. The
obligation contained in the preceding sentence shall apply to
criminal and administrative proceedings if applicable in a Party’s
laws and regulations.

46 For greater certainty, a Party may implement this paragraph on the basis of sworn
statements or documents having evidentiary value, such as statutory declarations. A
Party may also provide that these presumptions are rebuttable presumptions that may
be rebutted by evidence to the contrary.

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