a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

b) has commercial value because it is secret; and

c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

1. Make use of an industrial secret, to which access has been obtained in confidence as a result of a contractual or employment relation, without the consent of the owner or legitimate holder;

2. Communicate or disclose the industrial secret referred to in subparagraph 1 above, without authorization from its legitimate holder, for the purpose of personal benefit, or benefit to a third party, or in order to injure the lawful holder;

3. Acquire the industrial secret by unlawful or unfair means, or when it was known or should have been known that the person who communicated the secret, acquired it by such means, or was not authorized by the legitimate holder to communicate it;

4. Exploit, communicate or disclose the industrial secret if it has been acquired by the means or under the conditions referred to in subparagraph 3 above. ]

[Article XX. Undisclosed information]

1. In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention (1967), Members shall protect undisclosed information in accordance with paragraph 2 and data submitted to governments or governmental agencies in accordance with paragraph 3.

2. Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices 10 so long as such information:

a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

b) has commercial value because it is secret; and

c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; 

b) has commercial value because it is secret; and 

c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret. ]

a) the information is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; 

b) has commercial value because it is secret; and 

c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

a) all acts of such a nature as to create confusion, by any means whatever with the establishment, the goods or the industrial or commercial activities of a competitor;

b) false allegations in the course of trade, of such a nature as to discredit the establishment of, the goods of the industrial or commercial activities of a competitor;

c) indications or allegations the use of which in the course of trade, could mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity of the goods;

a) Preferably be in writing and set out the reasons on which they are based;

b) Be made available at least to the Parties to the proceeding without undue delay; and

c) Be based only on evidence in respect of which Parties were offered the opportunity to be heard. ]

1. Each Party shall establish under its law intellectual property rights enforcement procedures as specified in articles xx to xx of this Agreement and the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) These procedures shall include measures to enable the prevention and deterrence of infringements of intellectual property rights. 

2. This chapter does not create any obligation to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general, nor does it affect the capacity of Members to enforce their law in general. Nothing in this chapter creates any obligation with respect to the distribution of resources as between enforcement of intellectual property rights and the enforcement of law in general. 

3. Procedures concerning the enforcement of intellectual property rights shall be fair and equitable. They shall not be unnecessarily complicated or costly and should be completed within the time periods set for that purpose in the laws of each State Party. The procedures thus stipulated shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse. 

4. Decisions on the merits of a case shall be made in writing and be duly justified. They shall be based on evidence presented in conformity with the rules of due process. 

5. In any procedure concerning the enforcement of intellectual property rights, the parties shall always have the right to revision of administrative decisions by a judicial authority or to another independent review by a different higher authority from the same Party. ]

[ Article XX. General Provisions 

1. Each Party shall ensure that enforcement procedures, as specified in this Article and Articles xx through xx, are available under its domestic law so as to permit effective action to be taken against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies to deter further infringements. Such enforcement procedures shall be applied so as to avoid the creation of barriers to legitimate trade and to provide for safeguards against abuse of the procedures.

2. Each Party shall ensure that its procedures for the enforcement of intellectual property rights are fair and equitable, are not unnecessarily complicated or costly, and do not entail unreasonable time-limits or unwarranted delays.

3. Each Party shall provide that decisions on the merits of a case in judicial and administrative enforcement proceedings shall:

a) preferably be in writing and preferably state the reasons on which the decisions are based;

b) be made available at least to the parties in a proceeding without undue delay; and

c) be based only on evidence in respect of which such parties were offered the opportunity to be heard.

[ Article XX. General Provisions

1. Each Party shall guarantee that their national legislation shall establish a procedure for the respect of intellectual property rights, as set out in articles XX (Specific Procedural Aspects and Administrative Procedural Support) to XX (Border Protection of Intellectual Property Rights), that allow for the adoption of effective measures against any infringement of intellectual property rights referred to in this chapter, including rapid remedies to prevent violations and that are a true deterrent to any new violations. These procedures shall be applied in such a way as not to create barriers to legitimate trade and also establish safeguard measures against its abuse.

2. The procedures referring to the compliance of intellectual property rights shall be just and fair. These procedures shall not be unnecessarily complicated or economically burdensome, nor shall they have unjust deadlines or undue delays.

3. Decisions made on the substance of the case shall be expressed in writing and contain the reasons on which they are based. At the very least, those decisions shall be made available to the parties in the dispute, without undue delay, and shall solely be based on evidence, upon which the parties have had an opportunity to be heard. 

4. An opportunity shall be provided to the disputing parties to have a review by a judicial authority of all the final administrative decisions and, at least, the legal aspects of all the judicial determinations made at trial court on the substance of the case, subject to the provisions of jurisdictional competency of the national laws in relation to the importance of the case. However, it will not be mandatory to provide them with the opportunity to review not guilty verdicts in criminal cases.

5. It is understood that the application of intellectual property rights imposes no commitment to set up a judicial system to observe different intellectual property rights to the existing ones for the application of legislation in general. Similarly, no commitment is made for the allocation of resources between those targeted for the respect of intellectual property rights and those for the respect of laws in general. ]

[Article XX. Procedural and Remedial Aspects of Civil and Administrative Procedures

1. Each Party shall make available to right holders civil judicial procedures for the enforcement of any intellectual property right provided in this Chapter. Each Party shall provide that:

a) defendants have the right to written notice that is timely and contains sufficient detail, including the basis of the claims;

b) parties in a proceeding are allowed to be represented by independent legal counsel;

c) the procedures do not include imposition of overly burdensome requirements concerning mandatory personal appearances;

d) all parties in a proceeding are duly entitled to substantiate their claims and to present relevant evidence; and

e) the procedures include a means to identify and protect confidential information.

a) where a party in a proceeding has presented reasonably available evidence sufficient to support its claims and has specified evidence relevant to the substantiation of its claims that is within the control of the opposing party, to order the opposing party to produce such evidence, subject in appropriate cases to conditions that ensure the protection of confidential information;

b) where a party in a proceeding voluntarily and without good reason refuses access to, or otherwise does not provide relevant evidence under that party's control within a reasonable period, or significantly impedes a proceeding relating to an enforcement action, to make preliminary and final determinations, affirmative or negative, on the basis of the evidence presented, including the complaint or the allegation presented by the party adversely affected by the denial of access to evidence, subject to providing the parties an opportunity to be heard on the allegations or evidence;

c) to order a party in a proceeding to desist from an infringement, including to prevent the date of entry into the channels of commerce in their jurisdiction of imported goods that involve the infringement of an intellectual property right, which order shall be enforceable at least immediately after customs clearance of such goods;

d) to order the infringer of an intellectual property right to pay the right holder damages adequate to compensate for the injury the right holder has suffered because of the infringement where the infringer knew or had reasonable grounds to know that it was engaged in an infringing activity;

e) to order an infringer of an intellectual property right to pay the right holder's expenses, which may include appropriate attorney's fees; and

f) to order a party in a proceeding at whose request measures were taken and who has abused enforcement procedures to provide adequate compensation to any party wrongfully enjoined or restrained in the proceeding for the injury suffered because of such abuse and to pay that party's expenses, which may include appropriate attorney's fees.

a) goods that they have found to be infringing be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any injury caused to the right holder, or, unless this would be contrary to existing constitutional requirements, destroyed; and

b) materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements.

8. Each Party shall provide that, where a civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles equivalent in substance to those set out in this Article.

[Article XX. Specific Procedural Aspects and Recourse to Civil and Administrative Procedures

1. Each Party shall make available to the copyright holders the civil judicial procedures to defend any and all intellectual property rights included in this chapter and provide that:

a) Order that, when a party to a procedure has submitted sufficient evidence, which it could reasonably have access to, as a basis to its allegations, and has identified some pertinent evidence to substantiate its allegations that are in the hands of the opposing party, the latter shall provide that evidence, subject to, alternatively, the conditions that guarantee the protection of confidential information; 

b) To decide preliminary or final determinations, whether they be negative or positive, in case that one of the parties in the procedure, voluntarily and without good cause, obstructs access to evidence or does not provide pertinent evidence that is in his control within a reasonable amount of time or seriously obstructs the defense of an intellectual property rights procedure. Those determinations shall be decided on the basis of the submitted evidence, including the claim or the allegations submitted by the party that adversely affects the refusal to have access to the evidence, on condition that the parties are granted the opportunity to be heard in respect to the allegations and evidence;

c) Order the violator of an intellectual property right to pay the copyright holder of the right an appropriate reimbursement as compensation for the damages that the copyright holder has suffered as a result of the violation, when the violator knew that he was involved in an infringing activity or had good reason to believe it;

d) Order the violator of an intellectual property right to cover the costs of the copyright holder, which could include appropriate lawyer’s fees; and 

e) Order one party to the procedure, on whose request the measures would have been adopted and who abused the defense procedure that provide for adequate compensation to any party wrongly subjected or restricted in the proceedings, in respect to damages suffered, due to that abuse, and to pay the expenses of that party, which may include appropriate lawyer’s fees.

a) Not compensate, in any way, the goods that have been determined to be in violation of the intellectual property rights; withdraw them from the markets in such a way as to create no injury to the copyright holder, or destroy them if it is not in contravention of the constitutional provisions in force; and 

b) Not compensate the materials and equipment predominantly used in the manufacture of the goods that were in violation; withdraw them from the markets in such a way as to minimize future violations.