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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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import
[
Global Index
]
ARTICLE-19
: Requirement of Use [
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]
... 1. If use is required to maintain a
registration
, the
registration
may be cancelled only after an uninterrupted
period
of at least three
years
of non-use, unless
valid
reasons
based on the existence of obstacles to such use are shown by the
trademark
owner
.
Circumstances
arising
independently
of the will of the
owner
of the
trademark
which
constitute
an obstacle to the use of the
trademark
, such as
import
restrictions
on or other
government
requirements
for
goods
or
services
protected
by the
trademark
, shall be recognized as
valid
reasons
for non-use. ...
ARTICLE-26
: Protection [
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]
... 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 [
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]
... (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-36
: Scope of the Protection [
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]
...
Subject
to the
provisions
of paragraph 1 of
Article
37
,
Members
shall consider
unlawful
the following
acts
if performed without the
authorization
of the
right
holder:
(9)
importing
,
selling
, or otherwise distributing for
commercial purposes
a
protected
layout-
design
, an
integrated
circuit
in which a
protected
layout-
design
is incorporated, or an
article
incorporating such an
integrated
circuit
only in so far as it
continues
to contain an unlawfully
reproduced
layout-
design
. ...
ARTICLE-53
[
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]
... 2. Where pursuant to an
application
under this Section the
release
of
goods
involving
industrial designs
,
patents
, layout-
designs
or undisclosed
information
into
free circulation
has been suspended by
customs
authorities
on the basis of a
decision
other than by a
judicial
or other
independent authority
, and the
period
provided for in
Article
55
has expired without the granting of
provisional
relief
by the duly empowered
authority
, and provided that all other
conditions
for
importation
have been complied with, the
owner
,
importer
, or
consignee
of such
goods
shall be entitled to their
release
on the posting of a
security
in an
amount
sufficient to
protect
the
right
holder for any
infringement
.
Payment
of such
security
shall not
prejudice
any other
remedy
available to the
right
holder, it being understood that the
security
shall be released if the
right
holder fails to pursue the
right
of
action
within a
reasonable
period
of
time
. ...
ARTICLE-54
: Notice of Suspension [
go to this ARTICLE
]
... The
importer
and the
applicant
shall be promptly notified of the
suspension
of the
release
of
goods
according to
Article
51
. ...
ARTICLE-56
[
go to this ARTICLE
]
...
Indemnification
of the
Importer
...
...
Relevant
authorities
shall have the
authority
to
order
the
applicant
to
pay
the
importer
, the
consignee
and the
owner
of the
goods
appropriate
compensation
for any
injury
caused to them through the wrongful
detention
of
goods
or through the
detention
of
goods
released pursuant to
Article
55
. ...
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
. ...
... 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-58
: Ex Officio Action [
go to this ARTICLE
]
... (b) the
importer
and the
right
holder shall be promptly notified of the
suspension
. Where the
importer
has lodged an
appeal
against the
suspension
with the
competent authorities
, the
suspension
shall be
subject
to the
conditions
,
mutatis mutandis
, set out at
Article
55
; ...
... (b) the
importer
and the
right
holder shall be promptly notified of the
suspension
. Where the
importer
has lodged an
appeal
against the
suspension
with the
competent authorities
, the
suspension
shall be
subject
to the
conditions
,
mutatis mutandis
, set out at
Article
55
; ...
ARTICLE-60
: De Minimis Imports [
go to this ARTICLE
]
...
De Minimis
Imports
...
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