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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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national
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... (c) the
provision
of effective and appropriate means for the
enforcement
of
trade
-related
intellectual property rights
, taking into
account
differences
in
national
legal systems
; ...
...
Recognizing
the underlying
public
policy
objectives
of
national systems
for the
protection
of
intellectual property
,
including
developmental and
technological
objectives
; ...
ARTICLE-3
: National Treatment [
go to this ARTICLE
]
...
National Treatment
...
ARTICLE-4
: Most-Favoured-Nation Treatment [
go to this ARTICLE
]
... (b)
granted
in
accordance
with the
provisions
of the
Berne Convention
(1971) or the
Rome Convention
authorizing
that the
treatment
accorded be a
function
not of
national treatment
but of the
treatment
accorded in another
country
; ...
ARTICLE-31
: Other Use Without Authorization of the Right Holder [
go to this ARTICLE
]
... (b) such use may only be permitted if,
prior
to such use, the proposed user has made efforts to obtain
authorization
from the
right
holder on
reasonable
commercial
terms
and
conditions
and that such efforts have not been successful within a
reasonable
period
of
time
. This
requirement
may be waived by a
Member
in the
case
of a
national
emergency
or other
circumstances
of
extreme
urgency
or in
cases
of
public
non-
commercial
use. In
situations
of
national
emergency
or other
circumstances
of
extreme
urgency
, the
right
holder shall, nevertheless, be notified as soon as reasonably practicable. In the
case
of
public
non-
commercial
use, where the
government
or contractor, without making a
patent
search
, knows or has demonstrable grounds to know that a
valid
patent
is or will be used by or for the
government
, the
right
holder shall be informed promptly; ...
... (b) such use may only be permitted if,
prior
to such use, the proposed user has made efforts to obtain
authorization
from the
right
holder on
reasonable
commercial
terms
and
conditions
and that such efforts have not been successful within a
reasonable
period
of
time
. This
requirement
may be waived by a
Member
in the
case
of a
national
emergency
or other
circumstances
of
extreme
urgency
or in
cases
of
public
non-
commercial
use. In
situations
of
national
emergency
or other
circumstances
of
extreme
urgency
, the
right
holder shall, nevertheless, be notified as soon as reasonably practicable. In the
case
of
public
non-
commercial
use, where the
government
or contractor, without making a
patent
search
, knows or has demonstrable grounds to know that a
valid
patent
is or will be used by or for the
government
, the
right
holder shall be informed promptly; ...
ARTICLE-40
[
go to this ARTICLE
]
... 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-63
: Transparency [
go to this ARTICLE
]
... 1.
Laws
and
regulations
, and final
judicial
decisions
and
administrative
rulings of
general application
, made effective by a
Member
pertaining to the
subject
matter of this
Agreement
(the
availability
,
scope
,
acquisition
,
enforcement
and
prevention
of the
abuse
of
intellectual property rights
) shall be
published
, or where such
publication
is not practicable made
publicly
available, in a
national
language
, in such a
manner
as to enable
governments
and
right
holders to become acquainted with them.
Agreements
concerning
the
subject
matter of this
Agreement
which are in
force
between the
government
or a
governmental agency
of a
Member
and the
government
or a
governmental agency
of another
Member
shall also be
published
. ...
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