Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Procedimientos y recursos civiles y administrativos
24. Article 48.2 permits WTO Members to exempt public authorities and officials from liability from remedies only where their actions were taken or intended in good faith in carrying out their responsibilities under the law. Please explain any exemption provided public authorities and officials from liability for abuse of enforcement procedures, describe the circumstances in which such limitations would not apply, and cite the legal authorities granting such exemptions.
The Counterfeit Goods Act No. 37 of 1997 contains provisions granting certain exemptions to inspectors (as defined). Such an inspector or the State will be liable only in cases of gross negligence or bad faith. See in this regard Section 17.