Law-ref.org
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Site search
Global links
homepage
documents
Sister sites
Chess-Ref
ZVON
RFC-Ref
InChI
REACH Online
Local links
Previous
Next
Frontpage
Contents
Keywords
Local
Global
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y
determin
[
Global Index
]
ARTICLE-14
: Protection of Performers, Producers of Phonograms [
go to this ARTICLE
]
... 4. The
provisions
of
Article
11
in
respect
of
computer programs
shall apply
mutatis mutandis
to
producers
of
phonograms
and any other
right
holders in
phonograms
as
determined
in a
Member
's
law
. If on 15 April 1994 a
Member
has in
force
a
system
of
equitable
remuneration
of
right
holders in
respect
of the
rental
of
phonograms
, it may maintain such
system
provided that the
commercial rental
of
phonograms
is not giving rise to the
material
impairment of the
exclusive rights
of
reproduction
of
right
holders. ...
ARTICLE-16
: Rights Conferred [
go to this ARTICLE
]
... 2.
Article
6bis of the
Paris Convention
(1967) shall apply,
mutatis mutandis
, to
services
. In
determining
whether a
trademark
is well-known,
Members
shall take
account
of the
knowledge
of the
trademark
in the
relevant
sector
of the
public
,
including
knowledge
in the
Member
concerned
which has been obtained as a result of the
promotion
of the
trademark
. ...
ARTICLE-31
: Other Use Without Authorization of the Right Holder [
go to this ARTICLE
]
... (c) the
scope
and
duration
of such use shall be limited to the
purpose
for which it was
authorized
, and in the
case
of semi-
conductor
technology
shall only be for
public
non-
commercial
use or to
remedy
a
practice
determined
after
judicial
or
administrative
process to be anti-
competitive
; ...
... (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; ...
... (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; ...
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
]
... 6. Without
prejudice
to paragraph 4,
provisional measures
taken on the basis of paragraphs 1 and 2 shall, upon
request
by the defendant, be revoked or otherwise cease to have
effect
, if
proceedings
leading to a
decision
on the
merits
of the
case
are not initiated within a
reasonable
period
, to be
determined
by the
judicial authority
ordering the
measures
where a
Member
's
law
so
permits
or, in the
absence
of such a
determination
, not to exceed 20
working
days
or 31 calendar
days
, whichever is the longer. ...
... 6. Without
prejudice
to paragraph 4,
provisional measures
taken on the basis of paragraphs 1 and 2 shall, upon
request
by the defendant, be revoked or otherwise cease to have
effect
, if
proceedings
leading to a
decision
on the
merits
of the
case
are not initiated within a
reasonable
period
, to be
determined
by the
judicial authority
ordering the
measures
where a
Member
's
law
so
permits
or, in the
absence
of such a
determination
, not to exceed 20
working
days
or 31 calendar
days
, whichever is the longer. ...
ARTICLE-52
[
go to this ARTICLE
]
... Any
right
holder initiating the
procedures
under
Article
51
shall be required to provide adequate
evidence
to satisfy the
competent authorities
that, under the
laws
of the
country
of
importation
, there is prima facie an
infringement
of the
right
holder's
intellectual property
right
and to
supply
a sufficiently detailed
description
of the
goods
to make them readily recognizable by the
customs
authorities
. The
competent authorities
shall inform the
applicant
within a
reasonable
period
whether they have
accepted
the
application
and, where
determined
by the
competent authorities
, the
period
for which the
customs
authorities
will take
action
. ...
ARTICLE-57
[
go to this ARTICLE
]
... Without
prejudice
to the
protection
of
confidential information
,
Members
shall provide the
competent authorities
the
authority
to give the
right
holder sufficient
opportunity
to have any
goods
detained
by the
customs
authorities
inspected in
order
to substantiate the
right
holder's
claims
. The
competent authorities
shall also have
authority
to give the
importer
an
equivalent
opportunity
to have any such
goods
inspected. Where a positive
determination
has been made on the
merits
of a
case
,
Members
may provide the
competent authorities
the
authority
to inform the
right
holder of the
names
and
addresses
of the consignor, the
importer
and the
consignee
and of the
quantity
of the
goods
in
question
. ...
ARTICLE-70
: Protection of Existing Subject Matter [
go to this ARTICLE
]
... 2. Except as otherwise provided for in this
Agreement
, this
Agreement
gives rise to
obligations
in
respect
of all
subject
matter
existing
at the
date
of
application
of this
Agreement
for the
Member
in
question
, and which is
protected
in that
Member
on the said
date
, or which
meets
or comes subsequently to
meet
the
criteria
for
protection
under the
terms
of this
Agreement
. In
respect
of this paragraph and paragraphs 3 and 4,
copyright
obligations
with
respect
to
existing
works
shall be solely
determined
under
Article
18
of the
Berne Convention
(1971), and
obligations
with
respect
to the
rights
of
producers
of
phonograms
and
performers
in
existing
phonograms
shall be
determined
solely under
Article
18
of the
Berne Convention
(1971) as made applicable under paragraph 6 of
Article
14
of this
Agreement
. ...
... 2. Except as otherwise provided for in this
Agreement
, this
Agreement
gives rise to
obligations
in
respect
of all
subject
matter
existing
at the
date
of
application
of this
Agreement
for the
Member
in
question
, and which is
protected
in that
Member
on the said
date
, or which
meets
or comes subsequently to
meet
the
criteria
for
protection
under the
terms
of this
Agreement
. In
respect
of this paragraph and paragraphs 3 and 4,
copyright
obligations
with
respect
to
existing
works
shall be solely
determined
under
Article
18
of the
Berne Convention
(1971), and
obligations
with
respect
to the
rights
of
producers
of
phonograms
and
performers
in
existing
phonograms
shall be
determined
solely under
Article
18
of the
Berne Convention
(1971) as made applicable under paragraph 6 of
Article
14
of this
Agreement
. ...
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y