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ARTICLE-8: Principles [go to this ARTICLE]
... 1. Members
may, in formulating or amending their laws and regulations, adopt
measures necessary to protect public health and nutrition, and to
promote the public interest in sectors of vital importance to their
socio-economic and technological development, provided that such
measures are consistent with the provisions of this Agreement.
...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... measures
adopted to implement this Section shall not prejudice eligibility for
or the validity of the registration of a trademark, or the right to
use a trademark, on the basis that such a trademark is identical
with, or similar to, a geographical indication. ...
... 2. Nothing
in this Agreement shall prevent Members from specifying in their
legislation licensing practices or conditions that may in particular
cases constitute an abuse of intellectual property rights having an
adverse effect on competition in the relevant market. As provided
above, a Member may adopt, consistently with the other provisions of
this Agreement, appropriate measures to prevent or control such
practices, which may include for example exclusive grantback
conditions, conditions preventing challenges to validity and coercive
package licensing, in the light of the relevant laws and regulations
of that Member. ...
... 2. The
judicial authorities shall have the authority to adopt provisional
measures inaudita altera parte where appropriate, in
particular where any delay is likely to cause irreparable harm to the
right holder, or where there is a demonstrable risk of evidence being
destroyed.
...
... 4. Where
provisional measures have been adopted inaudita altera parte,
the parties affected shall be given notice, without delay after the
execution of the measures at the latest. A review, including a right
to be heard, shall take place upon request of the defendant with a
view to deciding, within a reasonable period after the notification
of the measures, whether these measures shall be modified, revoked or
confirmed. ...
ARTICLE-51: Suspension of Release by Customs Authorities [go to this ARTICLE]
... Members
shall, in conformity with the provisions set out below, adopt
procedures(13)
to enable a right holder, who has valid grounds for suspecting that
the importation of counterfeit trademark or pirated copyright goods(14)
may take place, to lodge an application in writing with competent
authorities, administrative or judicial, for the suspension by the
customs authorities of the release into free circulation of such
goods. Members may enable such an application to be made in respect
of goods which involve other infringements of intellectual property
rights, provided that the requirements of this Section are met.
Members may also provide for corresponding procedures concerning the
suspension by the customs authorities of the release of infringing
goods destined for exportation from their territories. ...