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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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package
[
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]
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
. ...
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