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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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identification
[
Global Index
]
ARTICLE-20
: Other Requirements [
go to this ARTICLE
]
... The use of a
trademark
in the course of
trade
shall not be unjustifiably encumbered by
special
requirements
, such as use with another
trademark
, use in a
special
form or use in a
manner
detrimental to its capability to distinguish the
goods
or
services
of one
undertaking
from those of other undertakings. This will not preclude a
requirement
prescribing the use of the
trademark
identifying
the
undertaking
producing the
goods
or
services
along with, but without linking it to, the
trademark
distinguishing the
specific
goods
or
services
in
question
of that
undertaking
. ...
ARTICLE-22
: Protection of Geographical Indications [
go to this ARTICLE
]
... 1.
Geographical
indications are, for the
purposes
of this
Agreement
, indications which
identify
a good as originating in the
territory
of a
Member
, or a
region
or
locality
in that
territory
, where a given
quality
,
reputation
or other characteristic of the good is essentially attributable to its
geographical
origin
. ...
ARTICLE-23
[
go to this ARTICLE
]
... 1. Each
Member
shall provide the
legal
means for interested
parties
to
prevent
use of a
geographical
indication
identifying
wines
for
wines
not originating in the
place
indicated by the
geographical
indication in
question
or
identifying
spirits
for
spirits
not originating in the
place
indicated by the
geographical
indication in
question
, even where the true
origin
of the
goods
is indicated or the
geographical
indication is used in
translation
or accompanied by
expressions
such as "kind", "type", "style", "imitation" or the like.
(4)
...
... 1. Each
Member
shall provide the
legal
means for interested
parties
to
prevent
use of a
geographical
indication
identifying
wines
for
wines
not originating in the
place
indicated by the
geographical
indication in
question
or
identifying
spirits
for
spirits
not originating in the
place
indicated by the
geographical
indication in
question
, even where the true
origin
of the
goods
is indicated or the
geographical
indication is used in
translation
or accompanied by
expressions
such as "kind", "type", "style", "imitation" or the like.
(4)
...
... 2. The
registration of a trademark
for
wines
which contains or consists of a
geographical
indication
identifying
wines
or for
spirits
which contains or consists of a
geographical
indication
identifying
spirits
shall be refused or invalidated,
ex officio
if a
Member
's
legislation
so
permits
or at the
request
of an interested
party
, with
respect
to such
wines
or
spirits
not having this
origin
. ...
... 2. The
registration of a trademark
for
wines
which contains or consists of a
geographical
indication
identifying
wines
or for
spirits
which contains or consists of a
geographical
indication
identifying
spirits
shall be refused or invalidated,
ex officio
if a
Member
's
legislation
so
permits
or at the
request
of an interested
party
, with
respect
to such
wines
or
spirits
not having this
origin
. ...
ARTICLE-24
: International Negotiations; Exceptions [
go to this ARTICLE
]
... 4. Nothing in this Section shall require a
Member
to
prevent
continued and similar use of a particular
geographical
indication of another
Member
identifying
wines
or
spirits
in
connection
with
goods
or
services
by any of its
nationals
or domiciliaries who have used that
geographical
indication in a continuous
manner
with
regard
to the same or related
goods
or
services
in the
territory
of that
Member
either (a) for at least 10
years
preceding 15 April 1994 or (b) in
good faith
preceding that
date
. ...
ARTICLE-42
: Fair and Equitable Procedures [
go to this ARTICLE
]
...
Members
shall make available to
right
holders
(11)
civil
judicial
procedures
concerning
the
enforcement
of any
intellectual property
right
covered by this
Agreement
. Defendants shall have the
right
to
written notice
which is timely and contains sufficient
detail
,
including
the basis of the
claims
.
Parties
shall be allowed to be represented by
independent
legal
counsel
, and
procedures
shall not impose overly burdensome
requirements
concerning
mandatory
personal
appearances. All
parties
to such
procedures
shall be duly entitled to substantiate their
claims
and to present all
relevant
evidence
. The
procedure
shall provide a means to
identify
and
protect
confidential information
, unless this would be
contrary
to
existing
constitutional
requirements
. ...
ARTICLE-50
[
go to this ARTICLE
]
... 5. The
applicant
may be required to
supply
other
information
necessary for the
identification
of the
goods
concerned
by the
authority
that will execute the
provisional measures
. ...
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