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ARTICLE-19: Requirement of Use [go to this ARTICLE]
... 2. When
subject to the control of its owner, use of a trademark by another
person shall be recognized as use of the trademark for the purpose of
maintaining the registration. ...
... 2. Natural
and legal persons shall have the possibility of preventing
information lawfully within their control from being disclosed to,
acquired by, or used by others without their consent in a manner
contrary to honest commercial practices(10)
so long as such information: ...
... (c) has been subject to reasonable steps under the circumstances, by
the person lawfully in control of the information, to keep it secret. ...
... 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. ...
ARTICLE-43: Evidence [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority, where a party has
presented reasonably available evidence sufficient to support its
claims and has specified evidence relevant to substantiation of its
claims which lies in the control of the opposing party, to order that
this evidence be produced by the opposing party, subject in
appropriate cases to conditions which ensure the protection of
confidential information.
...