Page 402 - Regional Comprehensive Economic Partnership (RCEP)

2. In determining the amount of damages referred to in paragraph 1,
a Party’s judicial authorities shall have the authority to consider,
among other things, any legitimate measure of value the right
50
holder submits.

3. In cases of infringement of copyright or related rights and
trademark counterfeiting, the judicial authorities shall have the
authority to order the infringer who knowingly, or with reasonable
grounds to know, engaged in infringing activity to pay the right
holder the infringer’s profits that are attributable to the
infringement.
51

Article 11.61: Court Costs and Fees

Each Party shall provide that its judicial authorities, where appropriate,
have the authority to order , at the conclusion of civil judicial
52
proceedings concerning the infringement of at least copyright or related
rights and trademarks, that the prevailing party is awarded payment by
the losing party of court costs or fees and appropriate attorney’s fees, or
any other expenses as provided for under that Party’s law.

Article 11.62: Destroying Infringing Goods and Materials and
Implements

1. Each Party shall provide that in civil judicial procedures its judicial
authorities have the authority at least at the right holder’s request,
to order that pirated copyright goods and counterfeit trademark
goods be destroyed, except in exceptional circumstances, without
53
compensation of any sort.

50 For greater certainty, a Party’s judicial authorities may have the authority to consider
the value of the infringed goods or services measured by their market price, in
determining the amount of damages, where appropriate.

51 A Party may comply with this paragraph through presuming those profits to be the
damages referred to in paragraph 1.

52 The judicial authorities of a Party may have the authority to make such orders through
separate proceedings after the conclusion of the civil judicial proceedings.

53 For greater certainty, the Parties understand that while judicial authorities have the
authority to order the destruction of the goods, they may also have the authority to
order, without compensation of any sort, the disposal of such goods outside the
channels of commerce in such a manner as to avoid any harm caused to right holders,
instead of destruction.

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