presumptions referred to in subparagraph 3(b), it shall ensure that either its judicial
authorities or the right holder has the right to choose such a remedy or presumptions as
an alternative to the remedies referred to in paragraphs 1 and 2.
5. Each Party shall provide that its judicial authorities, where appropriate, have the
authority to order, at the conclusion of civil judicial proceedings concerning
infringement of at least copyright or related rights, or trademarks, that the prevailing
party be 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 10: OTHER REMEDIES
1. At least with respect to pirated copyright goods and counterfeit trademark goods,
each Party shall provide that, in civil judicial proceedings, at the right holder’s request,
its judicial authorities have the authority to order that such infringing goods be
destroyed, except in exceptional circumstances, without compensation of any sort.
2. Each Party shall further provide that its judicial authorities have the authority to
order that materials and implements, the predominant use of which has been in the
manufacture or creation of such infringing goods, be, without undue delay and without
compensation of any sort, destroyed or disposed of outside the channels of commerce in
such a manner as to minimize the risks of further infringements.
3. A Party may provide for the remedies described in this Article to be carried out
at the infringer’ s expense.
ARTICLE 1 1: INFORMATION RELATED TO INFRINGEIVIENT
Without prejudice to its law governing privilege, the protection of
confidentiality of information sources, or the processing of personal data, each Party
shall provide that, in civil judicial proceedings concerning the enforcement of
intellectual property rights, its judicial authorities have the authority, upon a justified
request of the right holder, to order the infringer or, in the alternative, the alleged
infringer, to provide to the right holder or to the judicial authorities, at least for the
purpose of collecting evidence, relevant information as provided for in its applicable
laws and regulations that the infringer or alleged infringer possesses or controls. Such
information may include information regarding any person involved in any aspect of the
infringement or alleged infringement and regarding the means of production or the
channels of distribution of the infringing or allegedly infringing goods or services,
including the identification of third persons alleged to be involved in the production and
distribution of such goods or services and of their channels of distribution.
ARTICLE 12: PROVISIONAL MEASURES
1. Each Party shall provide that its judicial authorities have the authority to order
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