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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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abuse
[
Global Index
]
ARTICLE-8
: Principles [
go to this ARTICLE
]
... 2. Appropriate
measures
, provided that they are consistent with the
provisions
of this
Agreement
, may be needed to
prevent
the
abuse
of
intellectual property rights
by
right
holders or the resort to practices which unreasonably restrain
trade
or adversely
affect
the
international
transfer of technology
. ...
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
. ...
ARTICLE-41
[
go to this ARTICLE
]
... 1.
Members
shall ensure that
enforcement procedures
as specified in this Part are available under their
law
so as to
permit
effective
action
against any
act
of
infringement
of
intellectual property rights
covered by this
Agreement
,
including
expeditious
remedies
to
prevent
infringements
and
remedies
which
constitute
a
deterrent
to further
infringements
. These
procedures
shall be applied in such a
manner
as to
avoid
the
creation
of barriers to
legitimate
trade
and to provide for
safeguards
against their
abuse
. ...
ARTICLE-48
: Indemnification of the Defendant [
go to this ARTICLE
]
... 1. The
judicial authorities
shall have the
authority
to
order
a
party
at whose
request
measures
were taken and who has
abused
enforcement procedures
to provide to a
party
wrongfully enjoined or restrained adequate
compensation
for the
injury
suffered
because of such
abuse
. The
judicial authorities
shall also have the
authority
to
order
the
applicant
to
pay
the defendant
expenses
, which may
include
appropriate attorney's
fees
. ...
... 1. The
judicial authorities
shall have the
authority
to
order
a
party
at whose
request
measures
were taken and who has
abused
enforcement procedures
to provide to a
party
wrongfully enjoined or restrained adequate
compensation
for the
injury
suffered
because of such
abuse
. The
judicial authorities
shall also have the
authority
to
order
the
applicant
to
pay
the defendant
expenses
, which may
include
appropriate attorney's
fees
. ...
ARTICLE-50
[
go to this ARTICLE
]
... 3. The
judicial authorities
shall have the
authority
to require the
applicant
to provide any reasonably available
evidence
in
order
to satisfy themselves with a sufficient
degree
of certainty that the
applicant
is the
right
holder and that the
applicant
's
right
is being infringed or that such
infringement
is imminent, and to
order
the
applicant
to provide a
security
or
equivalent
assurance sufficient to
protect
the defendant and to
prevent
abuse
. ...
ARTICLE-53
[
go to this ARTICLE
]
... 1. The
competent authorities
shall have the
authority
to require an
applicant
to provide a
security
or
equivalent
assurance sufficient to
protect
the defendant and the
competent authorities
and to
prevent
abuse
. Such
security
or
equivalent
assurance shall not unreasonably deter
recourse
to these
procedures
. ...
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
. ...
ARTICLE-67
: Technical Cooperation [
go to this ARTICLE
]
... In
order
to
facilitate
the
implementation
of this
Agreement
,
developed country
Members
shall provide, on
request
and on mutually
agreed
terms
and
conditions
,
technical
and
financial
cooperation
in favour of developing and least-
developed country
Members
. Such
cooperation
shall
include
assistance
in the
preparation
of
laws
and
regulations
on the
protection
and
enforcement
of
intellectual property rights
as well as on the
prevention
of their
abuse
, and shall
include
support
regarding the
establishment
or reinforcement of
domestic
offices
and
agencies
relevant
to these matters,
including
the
training
of
personnel
. ...
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