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Law-ref.org | Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) |
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... 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. ...
... 1. The
Council for TRIPS shall review the implementation of this Agreement
after the expiration of the transitional period referred to in
paragraph 2 of Article 65. The Council shall, having
regard to the experience gained in its implementation, review it two
years after that date, and at identical intervals thereafter. The
Council may also undertake reviews in the light of any relevant new
developments which might warrant modification or amendment of this
Agreement.
...