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ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 3. Broadcasting
organizations shall have the right to prohibit the following acts
when undertaken without their authorization: the fixation, the
reproduction of fixations, and the rebroadcasting by wireless means
of broadcasts, as well as the communication to the public of
television broadcasts of the same. Where Members do not grant such
rights to broadcasting organizations, they shall provide owners of
copyright in the subject matter of broadcasts with the possibility of
preventing the above acts, subject to the provisions of the Berne
Convention (1971). ...
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. ...
... 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. ...
... 3. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to goods or services which are not similar to those in
respect of which a trademark is registered, provided that use of that
trademark in relation to those goods or services would indicate a
connection between those goods or services and the owner of the
registered trademark and provided that the interests of the owner of
the registered trademark are likely to be damaged by such use. ...
... 3. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to goods or services which are not similar to those in
respect of which a trademark is registered, provided that use of that
trademark in relation to those goods or services would indicate a
connection between those goods or services and the owner of the
registered trademark and provided that the interests of the owner of
the registered trademark are likely to be damaged by such use. ...
ARTICLE-17: Exceptions [go to this ARTICLE]
... Members
may provide limited exceptions to the rights conferred by a
trademark, such as fair use of descriptive terms, provided that such
exceptions take account of the legitimate interests of the owner of
the trademark and of third parties. ...
ARTICLE-19: Requirement of Use [go to this ARTICLE]
... 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. ...
... 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. ...
... 2. When
subject to the control of its owner, use of a trademark by another
person shall be recognized as use of the trademark for the purpose of
maintaining the registration. ...
ARTICLE-21: Licensing and Assignment [go to this ARTICLE]
... 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-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.
...
... 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.
...
... 2. Members
may provide limited exceptions to the protection of industrial
designs, provided that such exceptions do not unreasonably conflict
with the normal exploitation of protected industrial designs and do
not unreasonably prejudice the legitimate interests of the owner of
the protected design, taking account of the legitimate interests of
third parties. ...
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. ...
... 2. Patent
owners shall also have the right to assign, or transfer by
succession, the patent and to conclude licensing contracts. ...
ARTICLE-30: Exceptions to Rights Conferred [go to this ARTICLE]
... Members
may provide limited exceptions to the exclusive rights conferred by a
patent, provided that such exceptions do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably
prejudice the legitimate interests of the patent owner, taking
account of the legitimate interests of third parties. ...
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-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: ...
... 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: ...
... (b) if there is a substantial likelihood that the identical product
was made by the process and the owner of the patent has been unable
through reasonable efforts to determine the process actually used. ...
... 3. Each
Member shall enter, upon request, into consultations with any other
Member which has cause to believe that an intellectual property right
owner that is a national or domiciliary of the Member to which the
request for consultations has been addressed is undertaking practices
in violation of the requesting Member's laws and regulations on the
subject matter of this Section, and which wishes to secure compliance
with such legislation, without prejudice to any action under the law
and to the full freedom of an ultimate decision of either Member.
The Member addressed shall accord full and sympathetic consideration
to, and shall afford adequate opportunity for, consultations with the
requesting Member, and shall cooperate through supply of publicly
available non-confidential information of relevance to the matter in
question and of other information available to the Member, subject to
domestic law and to the conclusion of mutually satisfactory
agreements concerning the safeguarding of its confidentiality by the
requesting Member. ...
... 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. ...
... and of the Owner of the Goods ...
... 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. ...