§16.2. Evidence
a) The court may, where a party to proceedings before it has presented reasonably available evidence
sufficient to support its claims and has specified evidence relevant to the substantiation of those
claims which lies in the control of the opposing party, order that this evidence be produced by the
opposing party, subject, in appropriate cases, to conditions which ensure the protection of
confidential information.
b) In cases in which a party to a proceeding voluntarily and without good reason refuses access to, or
otherwise does not provide necessary information within a reasonable period, or significantly
impedes a procedure relating to an enforcement action, the court may make preliminary and final
determinations, affirmative or negative, on the basis of the information presented to it, including
the complaint or the allegation presented by the party adversely affected by the denial of access to
information, subject to providing the parties an opportunity to be heard on the allegations or
evidence.
§16.3. Injunctions
a) The court shall have the authority to order a party to desist from an infringement, inter alia to
prevent the entry into the channels of commerce in their jurisdiction of imported goods that
involve the infringement of an intellectual property right, immediately after customs clearance of
such goods. The Court may grant the order to prevent the entry into the commerce of Liberia in
respect of protected subject matter acquired or ordered by a person prior to knowing or having
reasonable grounds to know that dealing in such subject matter would entail the infringement of
an intellectual property right.
b) Notwithstanding the other provisions of this Section and provided that the provisions of Part VI
specifically addressing use by the government, or by third parties authorized by a government,
without the authorization of the right holder are complied with, Members may limit the remedies
available against such use to payment of remuneration in accordance with subparagraph (h),
Article 31 of the TRIPS Agreement. In other cases, the remedies under this Part shall apply or,
where these remedies are inconsistent with this Act, declaratory judgments and adequate
compensation shall be available.
§16.4. Damages
a) Where damages are awarded in accordance with this Section, the court shall order the infringer
to pay the holder of the right adequate compensation for the infringement, provided that the
infringer acted knowingly or with reasonable grounds to know of the infringement. The court
shall also order the infringer to pay for the right holder‟s expenses, including appropriate attorney's
fees.
b) The court may order the infringer to pay for damages relating to acts of infringement that took
place:
i.
after the patent application or of the application for registration, as the case may be, was
published in the prescribed manner; or
ii. after the applicant of the registration gave notice to the alleged infringer of the contents
of the application; or
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