Article IX Enforcement and non-compliance
In order to protect the ENERGY STAR marks, each Management Entity shall ensure the proper use of the ENERGY STAR marks within its territory (within the territories of the European Union Member States in the case of the Commission). Each Management Entity shall ensure that the ENERGY STAR marks are used only in the form that appears in Annex A and only on qualifying products. Each Management Entity shall ensure that the ENERGY STAR marks are used solely in the manner specified in the Guidelines for Proper Use of the ENERGY STAR Name and Common Logo set forth in Annex B.
Each Management Entity shall ensure that prompt and appropriate action is taken against Program Participants, whenever it has knowledge that a Program Participant has used an infringing mark or has affixed an ENERGY STAR mark to a product that does not comply with the Specifications set forth in Annex C. Such actions shall include, but not be limited to:
informing the Program Participant in writing of its non-compliance with the terms of the ENERGY STAR Labelling Program;
through consultations, developing a plan to reach compliance; and
if compliance cannot be reached, terminating the registration of the Program Participant, as appropriate.
Each Management Entity shall ensure that all reasonable actions are taken to end the unauthorised use of the ENERGY STAR marks or use of an infringing mark by an entity that is not a Program Participant. Such actions shall include, but shall not be limited to:
informing the entity using the ENERGY STAR marks of ENERGY STAR Labelling Program requirements and the Guidelines for Proper Use of the ENERGY STAR Name and Common Logo; and
encouraging the entity to become a Program Participant and register qualified products, if appropriate;
Each Management Entity shall immediately notify the Management Entity of the other Party of any infringement of the ENERGY STAR marks in the other Party's territory as well as the initial action taken, if any, to end such infringement.
If compliance cannot be reached following actions listed under points 2 and 3 above, the EU shall require its Member States to fully cooperate and consult with the Management Entity and take all necessary measures, including legal action, to end any non-complying, and therefore, unauthorized use of the ENERGY STAR marks