 |
Law-ref.org | Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) |
Site search
Sister sites
authorization [Global Index]
ARTICLE-4: Most-Favoured-Nation Treatment [go to this ARTICLE]
... (b) granted in accordance with the provisions of the Berne Convention
(1971) or the Rome Convention authorizing that the treatment accorded
be a function not of national treatment but of the treatment accorded
in another country;
...
ARTICLE-11: Rental Rights [go to this ARTICLE]
... In
respect of at least computer programs and cinematographic works, a
Member shall provide authors and their successors in title the right
to authorize or to prohibit the commercial rental to the public of
originals or copies of their copyright works. A Member shall be
excepted from this obligation in respect of cinematographic works
unless such rental has led to widespread copying of such works which
is materially impairing the exclusive right of reproduction conferred
in that Member on authors and their successors in title. In respect
of computer programs, this obligation does not apply to rentals where
the program itself is not the essential object of the rental. ...
ARTICLE-12: Term of Protection [go to this ARTICLE]
... Whenever
the term of protection of a work, other than a photographic work or a
work of applied art, is calculated on a basis other than the life of
a natural person, such term shall be no less than 50 years from
the end of the calendar year of authorized publication, or, failing
such authorized publication within 50 years from the making of the
work, 50 years from the end of the calendar year of making. ...
... Whenever
the term of protection of a work, other than a photographic work or a
work of applied art, is calculated on a basis other than the life of
a natural person, such term shall be no less than 50 years from
the end of the calendar year of authorized publication, or, failing
such authorized publication within 50 years from the making of the
work, 50 years from the end of the calendar year of making. ...
ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 2. Producers
of phonograms shall enjoy the right to authorize or prohibit the
direct or indirect reproduction of their phonograms. ...
... 3. Broadcasting
organizations shall have the right to prohibit the following acts
when undertaken without their authorization: the fixation, the
reproduction of fixations, and the rebroadcasting by wireless means
of broadcasts, as well as the communication to the public of
television broadcasts of the same. Where Members do not grant such
rights to broadcasting organizations, they shall provide owners of
copyright in the subject matter of broadcasts with the possibility of
preventing the above acts, subject to the provisions of the Berne
Convention (1971). ...
ARTICLE-31: Other Use Without Authorization of the Right Holder [go to this ARTICLE]
... Other Use Without Authorization of the Right Holder ...
... Where
the law of a Member allows for other use(7)
of the subject matter of a patent without the authorization of the
right holder, including use by the government or third parties
authorized by the government, the following provisions shall be
respected: ...
... Where
the law of a Member allows for other use(7)
of the subject matter of a patent without the authorization of the
right holder, including use by the government or third parties
authorized by the government, the following provisions shall be
respected: ...
... (b) such use may only be permitted if, prior to such use, the
proposed user has made efforts to obtain authorization from the right
holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time.
This requirement may be waived by a Member in the case of a national
emergency or other circumstances of extreme urgency or in cases of
public non-commercial use. In situations of national emergency or
other circumstances of extreme urgency, the right holder shall,
nevertheless, be notified as soon as reasonably practicable. In the
case of public non-commercial use, where the government or
contractor, without making a patent search, knows or has demonstrable
grounds to know that a valid patent is or will be used by or for the
government, the right holder shall be informed promptly; ...
... (c) the scope and duration of such use shall be limited to the
purpose for which it was authorized, and in the case of
semi-conductor technology shall only be for public non-commercial use
or to remedy a practice determined after judicial or administrative
process to be anti-competitive; ...
... (f) any such use shall be authorized predominantly for the supply of
the domestic market of the Member authorizing such use; ...
... (f) any such use shall be authorized predominantly for the supply of
the domestic market of the Member authorizing such use; ...
... (g) authorization for such use shall be liable, subject to adequate
protection of the legitimate interests of the persons so authorized,
to be terminated if and when the circumstances which led to it cease
to exist and are unlikely to recur. The competent authority shall
have the authority to review, upon motivated request, the continued
existence of these circumstances; ...
... (g) authorization for such use shall be liable, subject to adequate
protection of the legitimate interests of the persons so authorized,
to be terminated if and when the circumstances which led to it cease
to exist and are unlikely to recur. The competent authority shall
have the authority to review, upon motivated request, the continued
existence of these circumstances; ...
... (h) the right holder shall be paid adequate remuneration in the
circumstances of each case, taking into account the economic value of
the authorization; ...
... (i) the legal validity of any decision relating to the authorization
of such use shall be subject to judicial review or other independent
review by a distinct higher authority in that Member; ...
... (k) Members are not obliged to apply the conditions set forth in
subparagraphs (b) and (f) where such use is permitted to
remedy a practice determined after judicial or administrative process
to be anti-competitive. The need to correct anti-competitive
practices may be taken into account in determining the amount of
remuneration in such cases. Competent authorities shall have the
authority to refuse termination of authorization if and when the
conditions which led to such authorization are likely to recur; ...
... (k) Members are not obliged to apply the conditions set forth in
subparagraphs (b) and (f) where such use is permitted to
remedy a practice determined after judicial or administrative process
to be anti-competitive. The need to correct anti-competitive
practices may be taken into account in determining the amount of
remuneration in such cases. Competent authorities shall have the
authority to refuse termination of authorization if and when the
conditions which led to such authorization are likely to recur; ...
... (l) where such use is authorized to permit the exploitation of a
patent ("the second patent") which cannot be exploited
without infringing another patent ("the first patent"), the
following additional conditions shall apply: ...
... (iii) the use authorized in respect of the first patent shall be
non-assignable except with the assignment of the second patent. ...
ARTICLE-36: Scope of the Protection [go to this ARTICLE]
... Subject
to the provisions of paragraph 1 of Article 37, Members
shall consider unlawful the following acts if performed without the
authorization of the right holder:(9)
importing, selling, or otherwise distributing for commercial
purposes a protected layout-design, an integrated circuit in which a
protected layout-design is incorporated, or an article incorporating
such an integrated circuit only in so far as it continues to contain
an unlawfully reproduced layout-design. ...
ARTICLE-37: Acts Not Requiring the Authorization of the Right Holder [go to this ARTICLE]
... 2. The
conditions set out in subparagraphs (a) through (k) of Article 31
shall apply mutatis mutandis in the event of any non-voluntary
licensing of a layout-design or of its use by or for the government
without the authorization of the right holder. ...
ARTICLE-44: Injunctions [go to this ARTICLE]
... 2. Notwithstanding
the other provisions of this Part and provided that the provisions of
Part II specifically addressing use by governments, or by third
parties authorized by a government, without the authorization of the
right holder are complied with, Members may limit the remedies
available against such use to payment of remuneration in accordance
with subparagraph (h) of Article 31. In other cases, the
remedies under this Part shall apply or, where these remedies are
inconsistent with a Member's law, declaratory judgments and adequate
compensation shall be available. ...
... 2. Notwithstanding
the other provisions of this Part and provided that the provisions of
Part II specifically addressing use by governments, or by third
parties authorized by a government, without the authorization of the
right holder are complied with, Members may limit the remedies
available against such use to payment of remuneration in accordance
with subparagraph (h) of Article 31. In other cases, the
remedies under this Part shall apply or, where these remedies are
inconsistent with a Member's law, declaratory judgments and adequate
compensation shall be available. ...
ARTICLE-45: Damages [go to this ARTICLE]
... 2. The
judicial authorities shall also have the authority to order the
infringer to pay the right holder expenses, which may include
appropriate attorney's fees. In appropriate cases, Members may
authorize the judicial authorities to order recovery of profits
and/or payment of pre-established damages even where the infringer
did not knowingly, or with reasonable grounds to know, engage in
infringing activity. ...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 6. Members
shall not be required to apply Article 31, or the requirement in
paragraph 1 of Article 27 that patent rights shall be
enjoyable without discrimination as to the field of technology, to
use without the authorization of the right holder where authorization
for such use was granted by the government before the date this
Agreement became known. ...
... 6. Members
shall not be required to apply Article 31, or the requirement in
paragraph 1 of Article 27 that patent rights shall be
enjoyable without discrimination as to the field of technology, to
use without the authorization of the right holder where authorization
for such use was granted by the government before the date this
Agreement became known. ...