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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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description
[
Global Index
]
ARTICLE-16
: Rights Conferred [
go to this ARTICLE
]
... 1. The
owner
of a
registered
trademark
shall have the
exclusive right
to
prevent
all
third parties
not having the
owner
's
consent
from using in the course of
trade
identical
or similar
signs
for
goods
or
services
which are
identical
or similar to those in
respect
of which the
trademark
is
registered
where such use would result in a likelihood of confusion. In
case
of the use of an
identical
sign
for
identical
goods
or
services
, a likelihood of confusion shall be presumed. The
rights
described
above shall not
prejudice
any
existing
prior
rights
, nor shall they
affect
the possibility of
Members
making
rights
available on the basis of use. ...
ARTICLE-52
[
go to this ARTICLE
]
... Any
right
holder initiating the
procedures
under
Article
51
shall be required to provide adequate
evidence
to satisfy the
competent authorities
that, under the
laws
of the
country
of
importation
, there is prima facie an
infringement
of the
right
holder's
intellectual property
right
and to
supply
a sufficiently detailed
description
of the
goods
to make them readily recognizable by the
customs
authorities
. The
competent authorities
shall inform the
applicant
within a
reasonable
period
whether they have
accepted
the
application
and, where
determined
by the
competent authorities
, the
period
for which the
customs
authorities
will take
action
. ...
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