Union européenne

États-Unis d'Amérique

Moyens de faire respecter les DPI

Could the US explain in detail the "appropriate circumstances" in which US judges have the authority to award attorney's fees to the parties prevailing in an action in intellectual property right-related cases?

The statutes notified by the United States pursuant to Article 63.2 indicate the "appropriate circumstances". With respect to copyrights, see 17 U.S.C. § 505; for trademarks, including certification marks, see 15 U.S.C. § 1117; for patents and industrial designs, see 35 U.S.C. § 285; for integrated circuit layout-designs, see 17 U.S.C. § 911(f); for trade secrets, see § 4 of the Uniform Trade Secret Act, on which most state laws are based.