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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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nationals
[
Global Index
]
ARTICLE-1
: Nature and Scope of Obligations [
go to this ARTICLE
]
... 3.
Members
shall accord the
treatment
provided for in this
Agreement
to the
nationals
of other
Members
.
(1)
In
respect
of the
relevant
intellectual property
right
, the
nationals
of other
Members
shall be understood as those
natural
or
legal persons
that would
meet
the
criteria
for
eligibility
for
protection
provided for in the
Paris Convention
(1967), the
Berne Convention
(1971), the
Rome Convention
and the
Treaty on Intellectual Property in Respect of Integrated Circuits
, were all
Members
of the WTO
members
of those
conventions
.
(2)
Any
Member
availing itself of the possibilities provided in paragraph 3 of Article 5 or paragraph 2 of Article 6 of the
Rome Convention
shall make a
notification
as foreseen in those
provisions
to the
Council
for
Trade
-Related
Aspects
of
Intellectual Property Rights
(the "
Council
for TRIPS"). ...
... 3.
Members
shall accord the
treatment
provided for in this
Agreement
to the
nationals
of other
Members
.
(1)
In
respect
of the
relevant
intellectual property
right
, the
nationals
of other
Members
shall be understood as those
natural
or
legal persons
that would
meet
the
criteria
for
eligibility
for
protection
provided for in the
Paris Convention
(1967), the
Berne Convention
(1971), the
Rome Convention
and the
Treaty on Intellectual Property in Respect of Integrated Circuits
, were all
Members
of the WTO
members
of those
conventions
.
(2)
Any
Member
availing itself of the possibilities provided in paragraph 3 of Article 5 or paragraph 2 of Article 6 of the
Rome Convention
shall make a
notification
as foreseen in those
provisions
to the
Council
for
Trade
-Related
Aspects
of
Intellectual Property Rights
(the "
Council
for TRIPS"). ...
ARTICLE-3
: National Treatment [
go to this ARTICLE
]
... 1. Each
Member
shall accord to the
nationals
of other
Members
treatment
no less
favourable
than that it accords to its own
nationals
with
regard
to the
protection
(3)
of
intellectual property
,
subject
to the
exceptions
already provided in, respectively, the
Paris Convention
(1967), the
Berne Convention
(1971), the
Rome Convention
or the
Treaty on Intellectual Property in Respect of Integrated Circuits
. In
respect
of
performers
,
producers
of
phonograms
and
broadcasting organizations
, this
obligation
only applies in
respect
of the
rights
provided under this
Agreement
. Any
Member
availing itself of the possibilities provided in Article 6 of the
Berne Convention
(1971) or paragraph 1(b) of Article 16 of the
Rome Convention
shall make a
notification
as foreseen in those
provisions
to the
Council
for TRIPS. ...
... 1. Each
Member
shall accord to the
nationals
of other
Members
treatment
no less
favourable
than that it accords to its own
nationals
with
regard
to the
protection
(3)
of
intellectual property
,
subject
to the
exceptions
already provided in, respectively, the
Paris Convention
(1967), the
Berne Convention
(1971), the
Rome Convention
or the
Treaty on Intellectual Property in Respect of Integrated Circuits
. In
respect
of
performers
,
producers
of
phonograms
and
broadcasting organizations
, this
obligation
only applies in
respect
of the
rights
provided under this
Agreement
. Any
Member
availing itself of the possibilities provided in Article 6 of the
Berne Convention
(1971) or paragraph 1(b) of Article 16 of the
Rome Convention
shall make a
notification
as foreseen in those
provisions
to the
Council
for TRIPS. ...
ARTICLE-4
: Most-Favoured-Nation Treatment [
go to this ARTICLE
]
... With
regard
to the
protection
of
intellectual property
, any
advantage
, favour,
privilege
or
immunity
granted
by a
Member
to the
nationals
of any other
country
shall be accorded immediately and unconditionally to the
nationals
of all other
Members
. Exempted from this
obligation
are any
advantage
, favour,
privilege
or
immunity
accorded by a
Member
: ...
... With
regard
to the
protection
of
intellectual property
, any
advantage
, favour,
privilege
or
immunity
granted
by a
Member
to the
nationals
of any other
country
shall be accorded immediately and unconditionally to the
nationals
of all other
Members
. Exempted from this
obligation
are any
advantage
, favour,
privilege
or
immunity
accorded by a
Member
: ...
... (d) deriving from
international agreements
related to the
protection
of
intellectual property
which
entered
into
force
prior
to the
entry into force
of the WTO
Agreement
, provided that such
agreements
are notified to the
Council
for TRIPS and do not
constitute
an
arbitrary
or unjustifiable
discrimination
against
nationals
of other
Members
. ...
ARTICLE-24
: International Negotiations; Exceptions [
go to this ARTICLE
]
... 4. Nothing in this Section shall require a
Member
to
prevent
continued and similar use of a particular
geographical
indication of another
Member
identifying
wines
or
spirits
in
connection
with
goods
or
services
by any of its
nationals
or domiciliaries who have used that
geographical
indication in a continuous
manner
with
regard
to the same or related
goods
or
services
in the
territory
of that
Member
either (a) for at least 10
years
preceding 15 April 1994 or (b) in
good faith
preceding that
date
. ...
ARTICLE-40
[
go to this ARTICLE
]
... 4. A
Member
whose
nationals
or domiciliaries are
subject
to
proceedings
in another
Member
concerning
alleged
violation
of that other
Member
's
laws
and
regulations
on the
subject
matter of this Section shall, upon
request
, be
granted
an
opportunity
for
consultations
by the other
Member
under the same
conditions
as those foreseen in paragraph 3. ...
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