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Law-ref.org | Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) |
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competition [Global Index]
ARTICLE-22: Protection of Geographical Indications [go to this ARTICLE]
... (b) any use which constitutes an act of unfair
competition within the meaning of Article 10bis of the
Paris Convention (1967). ...
ARTICLE-31: Other Use Without Authorization of the Right Holder [go to this ARTICLE]
... (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; ...
... (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; ...
... 1. In
the course of ensuring effective protection against unfair
competition as provided in Article 10bis of the Paris
Convention (1967), Members shall protect undisclosed information in
accordance with paragraph 2 and data submitted to governments or
governmental agencies in accordance with paragraph 3. ...
... 1. Members
agree that some licensing practices or conditions pertaining to
intellectual property rights which restrain competition may have
adverse effects on trade and may impede the transfer and
dissemination of technology. ...
... 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. ...