（三）民事和行政程序及救济
《TRIPS协定》用7个条文（第42～48条）规定民事程序及救济，仅用一个条文规定行政程序，而且规定如果采用行政程序救济时，应采用本节规定的同样规则。由此可见，协定在知识产权执法方面强调民事程序的倾向。
1.公平合理程序
Members shall make available to right holders civil judicial procedures concerning the enforcement of any intellectual property right covered by this Agreement. Defendants shall have the right to written notice which is timely and contains sufficient detail, including the basis of the claims. Parties shall be allowed to be represented by independent legal counsel, and procedures shall not impose overly burdensome requirements concerning mandatory personal appearances. All parties to such procedures shall be duly entitled to substantiate their claims and to present all relevant evidence. The procedure shall provide a means to identify and protect confidential information, unless this would be contrary to existing constitutional requirements.