Page 408 - Regional Comprehensive Economic Partnership (RCEP)

Article 11.72: Destruction Order by Competent Authorities

Each Party shall provide that, without prejudice to other rights of action
open to the right holder and subject to the right of the defendant to seek
review by a judicial authority, its competent authorities shall have the
authority to order the destruction and the authority to order the disposal
of goods that are determined to be pirated copyright goods or counterfeit
trademark goods. In cases where such goods are not destroyed, each
Party shall ensure that, except in exceptional circumstances, such goods
are disposed of outside the channels of commerce in such a manner as
to avoid any harm to the right holder. In regard to counterfeit trademark
goods, the simple removal of the trademark unlawfully affixed shall not
be sufficient, other than in exceptional cases, to permit the release of the
goods into the channels of commerce.

Article 11.73: Fees

Where an application fee, merchandise storage fee, or destruction fee is
established or assessed in connection with border measures to enforce
an intellectual property right, each Party shall provide that the fee shall
not be set at an amount that unreasonably deters recourse to these
measures.

SUBSECTION 4
CRIMINAL REMEDIES

Article 11.74: Criminal Procedures and Penalties

1. Each Party shall provide for criminal procedures and penalties to
be applied at least in cases of wilful copyright or related rights
piracy or trademark counterfeiting on a commercial scale.
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2. Each Party shall treat wilful importation of pirated copyright goods
or counterfeit trademark goods on a commercial scale as unlawful
activities subject to the criminal procedures and penalties referred
to in paragraph 1. A Party may comply with its obligation relating
to importation under this Article by providing that distribution or

61 For the purposes of the application of this Article, paragraph 1 shall not prevent a
Party from determining the scope of application of criminal procedures and penalties in
case of wilful related rights piracy on a commercial scale, in accordance with its laws
and regulations.

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