Page 404 - Regional Comprehensive Economic Partnership (RCEP)

2. In civil judicial proceedings concerning the infringement of
copyright or related rights, each Party shall provide that its judicial
authorities have the authority to adopt provisional measures to
order the seizure, or other taking into custody, of suspected
infringing goods and at least one of the following:

(a) materials and implements predominantly used in the act of
alleged infringement; or

(b) documentary evidence relevant to the alleged
infringement.

3. Each Party shall provide that its judicial authorities have the
authority to adopt provisional measures inaudita altera parte
where appropriate, in particular where any delay is likely to cause
irreparable harm to the right holder or where there is a
demonstrable risk of evidence being destroyed.

4. Each Party shall provide that its judicial authorities have the
authority to require an applicant, with respect to provisional
measures, to provide any reasonably available evidence in order
to satisfy the judicial authority with a sufficient degree of certainty
that the applicant is the right holder and that the applicant’s right
is being infringed or that such infringement is imminent, and to
order the applicant to provide a security or equivalent assurance
sufficient to protect the defendant and to prevent abuse, and so
as not to unreasonably deter recourse to procedures for such
provisional measures.

5. For greater certainty, the Parties understand that provisional
measures shall be implemented in accordance with paragraphs 4
through 8 of Article 50 of the TRIPS Agreement.

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