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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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Global
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refuse
[
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-24
: International Negotiations; Exceptions [
go to this ARTICLE
]
... 1.
Members
agree
to enter into
negotiations
aimed at
increasing
the
protection
of
individual
geographical
indications under Article
23
. The
provisions
of paragraphs 4 through 8 below shall not be used by a
Member
to
refuse
to
conduct
negotiations
or to conclude
bilateral
or
multilateral agreements
. In the
context
of such
negotiations
,
Members
shall be willing to consider the continued applicability of these
provisions
to
individual
geographical
indications whose use was the
subject
of such
negotiations
. ...
ARTICLE-31
: Other Use Without Authorization of the Right Holder [
go to this ARTICLE
]
... (k)
Members
are not obliged to apply the
conditions
set forth in subparagraphs (b) and (f) where such use is permitted to
remedy
a
practice
determined
after
judicial
or
administrative
process to be anti-
competitive
. The need to
correct
anti-
competitive
practices may be taken into
account
in
determining
the
amount
of
remuneration
in such
cases
.
Competent
authorities
shall have the
authority
to
refuse
termination
of
authorization
if and when the
conditions
which led to such
authorization
are likely to recur; ...
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