協定第120条の改正に関する規定(Article 13)
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Article 13
Article 120 of the Agreement shall be amended as
follows:
11
By renumbering existing paragragraph 2 as paragraph 3.
and
2)
2. By deleting paragraph 1 and replacing it by the
following paragraphs:
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judicial proceedings concerning the enforcement of
intellectual property rights, its judicial
authorities have the authority to order the infringer
to pay the right holder damages adequate to
compensate for the injury the right holder has
suffered because of an infringement of that person's
intellectual property right by an infringer who
knowingly, or with reasonable grounds to know,
engaged in intringing activities.
2. In determining the amount of damages referred
to in paragraph 1, a Party's judicial authorities
shall have the authority to consider any legitimate
measure of value the right holder submits, which may
include the value of the infringed goods or services,
measured by the market price.