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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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valid
[
Global Index
]
ARTICLE-19
: Requirement of Use [
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]
... 1. If use is required to maintain a
registration
, the
registration
may be cancelled only after an uninterrupted
period
of at least three
years
of non-use, unless
valid
reasons
based on the existence of obstacles to such use are shown by the
trademark
owner
.
Circumstances
arising
independently
of the will of the
owner
of the
trademark
which
constitute
an obstacle to the use of the
trademark
, such as
import
restrictions
on or other
government
requirements
for
goods
or
services
protected
by the
trademark
, shall be recognized as
valid
reasons
for non-use. ...
... 1. If use is required to maintain a
registration
, the
registration
may be cancelled only after an uninterrupted
period
of at least three
years
of non-use, unless
valid
reasons
based on the existence of obstacles to such use are shown by the
trademark
owner
.
Circumstances
arising
independently
of the will of the
owner
of the
trademark
which
constitute
an obstacle to the use of the
trademark
, such as
import
restrictions
on or other
government
requirements
for
goods
or
services
protected
by the
trademark
, shall be recognized as
valid
reasons
for non-use. ...
ARTICLE-24
: International Negotiations; Exceptions [
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]
...
measures
adopted
to
implement
this Section shall not
prejudice
eligibility
for or the
validity
of the
registration of a trademark
, or the
right
to use a
trademark
, on the basis that such a
trademark
is
identical
with, or similar to, a
geographical
indication. ...
ARTICLE-31
: Other Use Without Authorization of the Right Holder [
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]
... (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; ...
... (i) the
legal
validity
of any
decision
relating to the
authorization
of such use shall be
subject
to
judicial review
or other
independent
review
by a distinct higher
authority
in that
Member
; ...
ARTICLE-40
[
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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
. ...
ARTICLE-51
: Suspension of Release by Customs Authorities [
go to this ARTICLE
]
...
Members
shall, in
conformity
with the
provisions
set out below,
adopt
procedures
(13)
to enable a
right
holder, who has
valid
grounds for suspecting that the
importation
of counterfeit
trademark
or
pirated
copyright
goods
(14)
may take
place
, to lodge an
application
in
writing
with
competent
authorities
,
administrative
or
judicial
, for the
suspension
by the
customs
authorities
of the
release
into
free circulation
of such
goods
.
Members
may enable such an
application
to be made in
respect
of
goods
which involve other
infringements
of
intellectual property rights
, provided that the
requirements
of this Section are met.
Members
may also provide for
corresponding
procedures
concerning
the
suspension
by the
customs
authorities
of the
release
of infringing
goods
destined for
exportation
from their
territories
. ...
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