(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.
2. Each Party shall provide that its judicial authorities shall have the authority:
(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;