Suisse

États-Unis d'Amérique

Moyens de faire respecter les DPI

Items 8 and 13 of the Checklist of Issues on Enforcement20 9. The US responses to items 8 and 13 of the Checklist of Issues on Enforcement20 mentions that the US Government is not in a position to provide the data requested for various reasons including, inter alia, because such data varies greatly in relation to other variables such as complexity and type of proceeding. However, without some further information regarding such factors as costs and time limits applicable to procedures for the enforcement of intellectual property rights, it is difficult to determine US compliance with Article 41.2 of the TRIPS Agreement. For this reason, it is requested that despite the possible variation of data, answers are provided to the following questions: Please cite the legal and/or administrative authority concerning costs such as fees charged for judicial and administrative enforcement proceedings. Please explain, in particular the cost arising from civil evidentiary procedures and finding of fact by juries with regard to the enforcement of patent rights.

With respect to fees charged for judicial proceedings, see 28 U.S.C. §§ 1913 and 1914. Under Rule 54(d) of the Federal Rules of Civil Procedure and 17 U.S.C. § 505; 15 U.S.C. § 117(a); 17 U.S.C. § 911(f), these fees, witness fees and the like, are generally awarded to the prevailing party, unless the court orders otherwise because of the equities in the case. The text of the latest fee schedules established by the Judicial Conference of the United States is set out in Annex 3. Administrative fees vary depending upon the procedure in question. The United States Government would be happy to provide fee schedules for procedures in which the Government of Switzerland indicates an interest.