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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-26: Protection [go to this ARTICLE]
... 1. The
owner of a protected industrial design shall have the right to
prevent third parties not having the owner's consent from
making, selling or importing articles bearing or embodying a design
which is a copy, or substantially a copy, of the protected design,
when such acts are undertaken for commercial purposes.
...
ARTICLE-28: Rights Conferred [go to this ARTICLE]
... (a) where the subject matter of a patent is a
product, to prevent third parties not having the owner's
consent from the acts of: making, using, offering for sale, selling,
or importing(6)
for these purposes that product; ...
... (b) where the subject matter of a patent is a process, to prevent
third parties not having the owner's consent from the act of
using the process, and from the acts of: using, offering for
sale, selling, or importing for these purposes at least the product
obtained directly by that process. ...
ARTICLE-34: Process Patents: Burden of Proof [go to this ARTICLE]
... 1. For the
purposes of civil proceedings in respect of the infringement of the
rights of the owner referred to in paragraph 1(b) of Article 28,
if the subject matter of a patent is a process for obtaining a
product, the judicial authorities shall have the authority to order
the defendant to prove that the process to obtain an identical
product is different from the patented process. Therefore, Members
shall provide, in at least one of the following circumstances, that
any identical product when produced without the consent of the patent
owner shall, in the absence of proof to the contrary, be deemed to
have been obtained by the patented process: ...
... 2. Natural
and legal persons shall have the possibility of preventing
information lawfully within their control from being disclosed to,
acquired by, or used by others without their consent in a manner
contrary to honest commercial practices(10)
so long as such information: ...
ARTICLE-72: Reservations [go to this ARTICLE]
... Reservations
may not be entered in respect of any of the provisions of this
Agreement without the consent of the other Members.
...