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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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affected
[
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-16
: Rights Conferred [
go to this ARTICLE
]
... 1. The
owner
of a
registered
trademark
shall have the
exclusive right
to
prevent
all
third parties
not having the
owner
's
consent
from using in the course of
trade
identical
or similar
signs
for
goods
or
services
which are
identical
or similar to those in
respect
of which the
trademark
is
registered
where such use would result in a likelihood of confusion. In
case
of the use of an
identical
sign
for
identical
goods
or
services
, a likelihood of confusion shall be presumed. The
rights
described
above shall not
prejudice
any
existing
prior
rights
, nor shall they
affect
the possibility of
Members
making
rights
available on the basis of use. ...
ARTICLE-24
: International Negotiations; Exceptions [
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]
... 2. The
Council
for TRIPS shall keep under
review
the
application
of the
provisions
of this Section; the first such
review
shall take
place
within two
years
of the
entry into force
of the WTO
Agreement
. Any matter
affecting
the
compliance
with the
obligations
under these
provisions
may be drawn to the
attention
of the
Council
, which, at the
request
of a
Member
, shall consult with any
Member
or
Members
in
respect
of such matter in
respect
of which it has not been possible to
find
a
satisfactory
solution
through
bilateral
or plurilateral
consultations
between the
Members
concerned
. The
Council
shall take such
action
as may be
agreed
to
facilitate
the
operation
and further the
objectives
of this Section. ...
ARTICLE-41
[
go to this ARTICLE
]
... 5. It is understood that this Part does not
create
any
obligation
to put in
place
a
judicial
system
for the
enforcement
of
intellectual property rights
distinct from that for the
enforcement
of
law
in
general
, nor does it
affect
the
capacity
of
Members
to enforce their
law
in
general
. Nothing in this Part
creates
any
obligation
with
respect
to the
distribution
of
resources
as between
enforcement
of
intellectual property rights
and the
enforcement
of
law
in
general
. ...
ARTICLE-43
: Evidence [
go to this ARTICLE
]
... 2. In
cases
in which a
party
to a
proceeding
voluntarily and without good
reason
refuses
access
to, or otherwise does not provide necessary
information
within a
reasonable
period
, or significantly impedes a
procedure
relating to an
enforcement
action
, a
Member
may accord
judicial authorities
the
authority
to make
preliminary
and final
determinations
,
affirmative
or
negative
, on the basis of the
information
presented to them,
including
the
complaint
or the allegation presented by the
party
adversely
affected
by the denial of
access to information
,
subject
to providing the
parties
an
opportunity
to be heard on the allegations or
evidence
. ...
ARTICLE-50
[
go to this ARTICLE
]
... 4. Where
provisional measures
have been
adopted
inaudita altera parte, the
parties
affected
shall be given
notice
, without
delay
after the
execution
of the
measures
at the latest. A
review
,
including
a
right
to be heard, shall take
place
upon
request
of the defendant with a
view
to deciding, within a
reasonable
period
after the
notification
of the
measures
, whether these
measures
shall be modified, revoked or confirmed. ...
ARTICLE-63
: Transparency [
go to this ARTICLE
]
... 3. Each
Member
shall be prepared to
supply
, in response to a
written request
from another
Member
,
information
of the sort referred to in paragraph 1. A
Member
, having
reason
to believe that a
specific
judicial
decision
or
administrative
ruling or
bilateral
agreement
in the
area
of
intellectual property rights
affects
its
rights
under this
Agreement
, may also
request
in
writing
to be given
access
to or be informed in sufficient
detail
of such
specific
judicial
decisions
or
administrative
rulings or
bilateral
agreements
. ...
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