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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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circumstance
[
Global Index
]
ARTICLE-19
: Requirement of Use [
go to this ARTICLE
]
... 1. If use is required to maintain a
registration
, the
registration
may be cancelled only after an uninterrupted
period
of at least three
years
of non-use, unless
valid
reasons
based on the existence of obstacles to such use are shown by the
trademark
owner
.
Circumstances
arising
independently
of the will of the
owner
of the
trademark
which
constitute
an obstacle to the use of the
trademark
, such as
import
restrictions
on or other
government
requirements
for
goods
or
services
protected
by the
trademark
, shall be recognized as
valid
reasons
for non-use. ...
ARTICLE-31
: Other Use Without Authorization of the Right Holder [
go to this ARTICLE
]
... (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; ...
... (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; ...
... (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
; ...
ARTICLE-34
: Process Patents: Burden of Proof [
go to this ARTICLE
]
... 1. For the
purposes
of
civil
proceedings
in
respect
of the
infringement
of the
rights
of the
owner
referred to in paragraph 1(b) of Article
28
, if the
subject
matter of a
patent
is a process for obtaining a
product
, the
judicial authorities
shall have the
authority
to
order
the defendant to prove that the process to obtain an
identical
product
is different from the
patented
process. Therefore,
Members
shall provide, in at least one of the following
circumstances
, that any
identical
product
when produced without the
consent
of the
patent
owner
shall, in the
absence of proof
to the
contrary
, be deemed to have been obtained by the
patented
process: ...
ARTICLE-39
[
go to this ARTICLE
]
... (c) has been
subject
to
reasonable
steps
under the
circumstances
, by the
person
lawfully in
control
of the
information
, to keep it
secret
. ...
ARTICLE-59
: Remedies [
go to this ARTICLE
]
... Without
prejudice
to other
rights
of
action
open
to the
right
holder and
subject
to the
right
of the defendant to
seek
review
by a
judicial authority
,
competent
authorities
shall have the
authority
to
order
the
destruction
or
disposal
of infringing
goods
in
accordance
with the
principles
set out in Article
46
. In
regard
to counterfeit
trademark
goods
, the
authorities
shall not allow the re-
exportation
of the infringing
goods
in an unaltered
state
or
subject
them to a different
customs
procedure
, other than in
exceptional
circumstances
. ...
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