Trips Agreement Case Law

6. Without prejudice in paragraph 4, the interim measures taken on the basis of paragraphs 1 and 2 are, at the request of the defendant, removed or otherwise suspended: where a procedure leading to a decision on the merits of the case is not commenced within a reasonable time, the judicial authority that orders the measures where a member`s law permits or, if such a finding does not exist, does not exceed 20 working days or thirty-one calendar days, depending on the longest period. 2. The judicial authorities also have the power to award the offender the payment of fees for the right holder, including reasonable legal fees. In appropriate cases, members may authorize the judicial authorities to order the forfeiture of profits and/or payment of pre-recognized damages, even if the offender did not knowingly or for sufficient reasons to know. If, within a maximum of ten working days from notification of the applicant`s suspension, the customs authorities have not been informed that a procedure leading to a decision on the merits has been initiated by a party other than the defendant or that the authorized authority has taken interim measures to extend the suspension of the release of the goods, the goods are released, provided all other import or export conditions are met; In appropriate cases, this period may be extended by an additional ten business days. Where a proceeding that has resulted in a decision on the merits of the case has been initiated, a review, including the right to be heard, is conducted at the request of the defendant in order to decide within a reasonable time whether these measures should be amended, repealed or confirmed. Notwithstanding the above, the provisions of Article 50, paragraph 6, apply when the suspension of the release of goods is carried out or continues in accordance with an interim judicial measure. 2. Where a party to a proceeding does not voluntarily and without good reason provide access to the necessary information within a reasonable time or significantly obstructs an enforcement proceeding: a member may grant the judicial authorities the power to make provisional and definitive findings, positive or negative, based on the information submitted to them, including the complaint or allegation of the party concerned with the denial of access to information, provided that the parties have the opportunity to be heard on the allegations or evidence.