Checklist of Issues on Enforcement under TRIPS Art. 63.2 - View details of the document


(a) Civil judicial procedures and remedies

(b) Administrative procedures and remedies

(a) Judicial measures

(b) Administrative measures

3 Opposition proceedings are covered by Article 62 of the TRIPS Agreement. Except in the case of trademarks, opposition proceedings may be initiated for reasons other than that of a conflict with a prior right.

4 According to the "in majore minus" principle the judge may confiscate articles made or used illegally as well as instruments, tools and other resources intended mainly for their manufacture. See reply 5.3. He may also order the provisional seizure of these articles.

5 For information see the fact sheet on the provision of assistance by the Federal Customs Administration in the sphere of Intellectual Property Rights" under: