United States of America
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. In the response, please also specify how civil damages are measured and when and how attorney’s fees and court costs are awarded.
Further to its decision of 21 November 1995, the TRIPS Council has presented all Member States with a checklist of issues on enforcement (Doc. No. IP/C/5 of 30 November 1995) which fully covers your question 5. All lists will be reviewed in 1997.