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ARTICLE-8: Principles [go to this ARTICLE]
... 1. Members
may, in formulating or amending their laws and regulations, adopt
measures necessary to protect public health and nutrition, and to
promote the public interest in sectors of vital importance to their
socio-economic and technological development, provided that such
measures are consistent with the provisions of this Agreement.
...
ARTICLE-13: Limitations and Exceptions [go to this ARTICLE]
... Members
shall confine limitations or exceptions to exclusive rights to
certain special cases which do not conflict with a normal
exploitation of the work and do not unreasonably prejudice the
legitimate interests of the right holder.
...
ARTICLE-16: Rights Conferred [go to this ARTICLE]
... 3. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to goods or services which are not similar to those in
respect of which a trademark is registered, provided that use of that
trademark in relation to those goods or services would indicate a
connection between those goods or services and the owner of the
registered trademark and provided that the interests of the owner of
the registered trademark are likely to be damaged by such use. ...
ARTICLE-17: Exceptions [go to this ARTICLE]
... Members
may provide limited exceptions to the rights conferred by a
trademark, such as fair use of descriptive terms, provided that such
exceptions take account of the legitimate interests of the owner of
the trademark and of third parties. ...
ARTICLE-26: Protection [go to this ARTICLE]
... 2. Members
may provide limited exceptions to the protection of industrial
designs, provided that such exceptions do not unreasonably conflict
with the normal exploitation of protected industrial designs and do
not unreasonably prejudice the legitimate interests of the owner of
the protected design, taking account of the legitimate interests of
third parties. ...
... 2. Members
may provide limited exceptions to the protection of industrial
designs, provided that such exceptions do not unreasonably conflict
with the normal exploitation of protected industrial designs and do
not unreasonably prejudice the legitimate interests of the owner of
the protected design, taking account of the legitimate interests of
third parties. ...
ARTICLE-30: Exceptions to Rights Conferred [go to this ARTICLE]
... Members
may provide limited exceptions to the exclusive rights conferred by a
patent, provided that such exceptions do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably
prejudice the legitimate interests of the patent owner, taking
account of the legitimate interests of third parties. ...
... Members
may provide limited exceptions to the exclusive rights conferred by a
patent, provided that such exceptions do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably
prejudice the legitimate interests of the patent owner, taking
account of the legitimate interests of third parties. ...
ARTICLE-31: Other Use Without Authorization of the Right Holder [go to this ARTICLE]
... (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; ...
ARTICLE-34: Process Patents: Burden of Proof [go to this ARTICLE]
... 3. In the
adduction of proof to the contrary, the legitimate interests of
defendants in protecting their manufacturing and business secrets
shall be taken into account.
...
ARTICLE-46: Other Remedies [go to this ARTICLE]
... In order
to create an effective deterrent to infringement, the judicial
authorities shall have the authority to order that goods that they
have found to be infringing be, without compensation of any sort,
disposed of outside the channels of commerce in such a manner as to
avoid any harm caused to the right holder, or, unless this would be
contrary to existing constitutional requirements, destroyed. The
judicial authorities shall also have the authority to order that
materials and implements the predominant use of which has been in the
creation of the infringing goods be, without compensation of any
sort, disposed of outside the channels of commerce in such a manner
as to minimize the risks of further infringements. In considering
such requests, the need for proportionality between the seriousness
of the infringement and the remedies ordered as well as the interests
of third parties shall be taken into account. In regard to
counterfeit trademark goods, the simple removal of the trademark
unlawfully affixed shall not be sufficient, other than in exceptional
cases, to permit release of the goods into the channels of commerce. ...
ARTICLE-63: Transparency [go to this ARTICLE]
... 4. Nothing
in paragraphs 1, 2 and 3 shall require Members to disclose
confidential information which would impede law enforcement or
otherwise be contrary to the public interest or would prejudice the
legitimate commercial interests of particular enterprises, public or
private. ...
... 4. Nothing
in paragraphs 1, 2 and 3 shall require Members to disclose
confidential information which would impede law enforcement or
otherwise be contrary to the public interest or would prejudice the
legitimate commercial interests of particular enterprises, public or
private. ...
ARTICLE-73: Security Exceptions [go to this ARTICLE]
... (a) to require a Member to furnish any information the disclosure of
which it considers contrary to its essential security interests; or ...
... (b) to prevent a Member from taking any action which it considers
necessary for the protection of its essential security interests; ...