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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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correct
[
Global Index
]
ARTICLE-31
: Other Use Without Authorization of the Right Holder [
go to this ARTICLE
]
... (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; ...
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