"shall have the authority to order the infringer who knowingly or with reasonable grounds to know, engaged in infringing activity of intellectual property rights, to pay the right holder damages adequate to compensate the injury the right holder has suffered as a result of the infringement...which may include the lost profits, the value of the infringed good or service, measured by the market price, the suggested retail price."
"(a) pre-established damages, or(b) presumptions for determining the amount of damages sufficient to compensate the right holder for the harm caused by the infringement, or(c) at least for copyright, additional damages. "
"(i) the quantity of the goods infringing the right holder's intellectual property right in question and actually assigned to third persons, multiplied by the amount of profit per unit of goods, which would have been sold by the right holder if there had not been the act of infringement, or(ii) a reasonably royalty or(iii) a lump sum on the basis of elements such as at the least the amount of royalties or fees which would have been due if the infringer had requested authorization to use the intellectual property right in question"
"Each Party shall provide that its authorities have the authority to require the applicant, with respect to provisional measures, to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that applicants's right is being infringed or that infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to such procedures." (italics provided by AmeriKat)
"...for effective border enforcement of intellectual property rights, a Party should do so in a manner that does not discriminate unreasonably between intellectual property rights and that avoids the creation of barriers to legitimate trade."