États-Unis d'Amérique

Slovénie

Moyens de faire respecter les DPI

Procédures et mesures correctives civiles et administratives

12. 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 to 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.

Public authorities and officials are liable, under the general rule for damages, whenever their actions were taken or intended in bad faith (Article 172 (1),(2) of the Code of Obligations). This provision implies the applicability of Article 48.2 of the TRIPS Agreement.