United States of America
Copyright and Related Rights
8. Please explain what criminal and civil remedies for copyright infringement are available and why they are sufficient under TRIPS Articles 41, 45 and 61. In the response, please address, inter alia, whether infringers may be liable for attorney's fees and court costs; whether Article 29 of the Luxembourg copyright law and Article 15 of Luxembourg neighbouring right law require that an infringer have knowledge and intent in order to be liable for infringement, thereby precluding an innocent infringer from being liable under the copyright law; and whether Article 34 of the Luxembourg copyright law and Article 16 of the Luxembourg's neighbouring rights law prevent the Luxembourg government from initiating criminal proceedings against suspected pirates.
Luxembourg reserves its answer until the second semester 1997, because of the scheduled enforcement review in the WTO Council.