Law-ref.org
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Site search
Global links
homepage
documents
Sister sites
Chess-Ref
ZVON
RFC-Ref
InChI
Local links
Previous
Next
Frontpage
Contents
Keywords
Local
Global
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y
legislation
[
Global Index
]
ARTICLE-22
: Protection of Geographical Indications [
go to this ARTICLE
]
... 3. A
Member
shall,
ex officio
if its
legislation
so
permits
or at the
request
of an interested
party
,
refuse
or invalidate the
registration of a trademark
which contains or consists of a
geographical
indication with
respect
to
goods
not originating in the
territory
indicated, if use of the indication in the
trademark
for such
goods
in that
Member
is of such a
nature
as to
mislead
the
public
as to the true
place
of
origin
. ...
ARTICLE-23
[
go to this ARTICLE
]
... 2. The
registration of a trademark
for
wines
which contains or consists of a
geographical
indication
identifying
wines
or for
spirits
which contains or consists of a
geographical
indication
identifying
spirits
shall be refused or invalidated,
ex officio
if a
Member
's
legislation
so
permits
or at the
request
of an interested
party
, with
respect
to such
wines
or
spirits
not having this
origin
. ...
ARTICLE-40
[
go to this ARTICLE
]
... 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
. ...
... 3. Each
Member
shall enter, upon
request
, into
consultations
with any other
Member
which has cause to believe that an
intellectual property
right
owner
that is a
national
or domiciliary of the
Member
to which the
request
for
consultations
has been addressed is
undertaking
practices in
violation
of the requesting
Member
's
laws
and
regulations
on the
subject
matter of this Section, and which wishes to secure
compliance
with such
legislation
, without
prejudice
to any
action
under the
law
and to the
full
freedom
of an ultimate
decision
of either
Member
. The
Member
addressed shall accord
full
and sympathetic
consideration
to, and shall afford adequate
opportunity
for,
consultations
with the requesting
Member
, and shall
cooperate
through
supply
of
publicly
available non-
confidential information
of relevance to the matter in
question
and of other
information
available to the
Member
,
subject
to
domestic law
and to the
conclusion
of mutually
satisfactory
agreements
concerning
the
safeguarding
of its
confidentiality
by the requesting
Member
. ...
ARTICLE-70
: Protection of Existing Subject Matter [
go to this ARTICLE
]
... 4. In
respect
of any
acts
in
respect
of
specific
objects
embodying
protected
subject
matter which become infringing under the
terms
of
legislation
in
conformity
with this
Agreement
, and which were commenced, or in
respect
of which a
significant
investment
was made, before the
date
of
acceptance
of the WTO
Agreement
by that
Member
, any
Member
may provide for a
limitation
of the
remedies
available to the
right
holder as to the continued
performance
of such
acts
after the
date
of
application
of this
Agreement
for that
Member
. In such
cases
the
Member
shall, however, at least provide for the
payment
of
equitable
remuneration
. ...
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y