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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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licence
[
Global Index
]
ARTICLE-21
: Licensing and Assignment [
go to this ARTICLE
]
...
Licensing
and Assignment ...
...
Members
may determine
conditions
on the
licensing
and assignment of
trademarks
, it being understood that the
compulsory
licensing
of
trademarks
shall not be permitted and that the
owner
of a
registered
trademark
shall have the
right
to assign the
trademark
with or without the
transfer
of the
business
to which the
trademark
belongs. ...
...
Members
may determine
conditions
on the
licensing
and assignment of
trademarks
, it being understood that the
compulsory
licensing
of
trademarks
shall not be permitted and that the
owner
of a
registered
trademark
shall have the
right
to assign the
trademark
with or without the
transfer
of the
business
to which the
trademark
belongs. ...
ARTICLE-28
: Rights Conferred [
go to this ARTICLE
]
... 2.
Patent
owners
shall also have the
right
to assign, or
transfer
by
succession
, the
patent
and to conclude
licensing
contracts
. ...
ARTICLE-31
: Other Use Without Authorization of the Right Holder [
go to this ARTICLE
]
... (ii) the
owner
of the first
patent
shall be entitled to a cross-
licence
on
reasonable
terms
to use the
invention
claimed in the second
patent
; and ...
ARTICLE-37
: Acts Not Requiring the Authorization of the Right Holder [
go to this ARTICLE
]
... 1. Notwithstanding
Article
36
, no
Member
shall consider
unlawful
the
performance
of any of the
acts
referred to in that
Article
in
respect
of an
integrated
circuit
incorporating an unlawfully
reproduced
layout-
design
or any
article
incorporating such an
integrated
circuit
where the
person
performing or ordering such
acts
did not know and had no
reasonable
ground to know, when acquiring the
integrated
circuit
or
article
incorporating such an
integrated
circuit
, that it incorporated an unlawfully
reproduced
layout-
design
.
Members
shall provide that, after the
time
that such
person
has
received
sufficient
notice
that the layout-
design
was unlawfully
reproduced
, that
person
may perform any of the
acts
with
respect
to the
stock
on hand or ordered before such
time
, but shall be
liable
to
pay
to the
right
holder a sum
equivalent
to a
reasonable
royalty such as would be
payable
under a
freely
negotiated
licence
in
respect
of such a layout-
design
. ...
... 2. The
conditions
set out in subparagraphs (a) through (k) of
Article
31
shall apply
mutatis mutandis
in the
event
of any non-
voluntary
licensing
of a layout-
design
or of its use by or for the
government
without the
authorization
of the
right
holder. ...
ARTICLE-40
[
go to this ARTICLE
]
... 1.
Members
agree
that some
licensing
practices or
conditions
pertaining to
intellectual property rights
which restrain
competition
may have
adverse effects
on
trade
and may
impede
the
transfer
and
dissemination
of
technology
. ...
... 2. Nothing in this
Agreement
shall
prevent
Members
from specifying in their
legislation
licensing
practices or
conditions
that may in particular
cases
constitute
an
abuse
of
intellectual property rights
having an
adverse effect
on
competition
in the
relevant
market
. As provided above, a
Member
may
adopt
, consistently with the other
provisions
of this
Agreement
, appropriate
measures
to
prevent
or
control
such practices, which may
include
for example
exclusive
grantback
conditions
,
conditions
preventing challenges to
validity
and
coercive
package
licensing
, in the
light
of the
relevant
laws
and
regulations
of that
Member
. ...
... 2. Nothing in this
Agreement
shall
prevent
Members
from specifying in their
legislation
licensing
practices or
conditions
that may in particular
cases
constitute
an
abuse
of
intellectual property rights
having an
adverse effect
on
competition
in the
relevant
market
. As provided above, a
Member
may
adopt
, consistently with the other
provisions
of this
Agreement
, appropriate
measures
to
prevent
or
control
such practices, which may
include
for example
exclusive
grantback
conditions
,
conditions
preventing challenges to
validity
and
coercive
package
licensing
, in the
light
of the
relevant
laws
and
regulations
of that
Member
. ...
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