United States of America
Germany
Copyright and Related Rights
5. Please explain the criminal and civil remedies available for copyright infringement and the extent to which they fully implement the obligations in TRIPS Articles 41, 45, 50 and 61. In the response, please specify, inter alia, whether these remedies may include the seizure, forfeiture and destruction of infringing articles and equipment used to make the infringing articles, as required by Articles 46 and 61, and the manner in which the grant of civil provisional relief is provided in accordance with TRIPS Article 50.
A review of the enforcement provisions of TRIPS will be subject to a review procedure by the Council on TRIPS at a later stage, after the review of the substantive provisions on copyright, trademarks, patents, etc., see WTO documents IP/C/W/7/Rev.1 of 16 November 1995 and IP/C/5 of 30 November 1995. Therefore, the answer to question 5 will be given at that later council meeting.