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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. ...
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-22: Protection of Geographical Indications [go to this ARTICLE]
... 2. In
respect of geographical indications, Members shall provide the legal
means for interested parties to prevent:
...
... 3. A
Member shall, ex officio if its legislation so permits or
at the request of an interested party, refuse or invalidate the
registration of a trademark which contains or consists of a
geographical indication with respect to goods not originating in the
territory indicated, if use of the indication in the trademark for
such goods in that Member is of such a nature as to mislead the
public as to the true place of origin. ...
... 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. ...
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.
...
... 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. ...
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]
... Where
the law of a Member allows for other use(7)
of the subject matter of a patent without the authorization of the
right holder, including use by the government or third parties
authorized by the government, the following provisions shall be
respected: ...
... 3. Decisions
on the merits of a case shall preferably be in writing and reasoned.
They shall be made available at least to the parties to the
proceeding without undue delay. Decisions on the merits of a case
shall be based only on evidence in respect of which parties were
offered the opportunity to be heard. ...
... 3. Decisions
on the merits of a case shall preferably be in writing and reasoned.
They shall be made available at least to the parties to the
proceeding without undue delay. Decisions on the merits of a case
shall be based only on evidence in respect of which parties were
offered the opportunity to be heard. ...
... 4. Parties
to a proceeding shall have an opportunity for review by a judicial
authority of final administrative decisions and, subject to
jurisdictional provisions in a Member's law concerning the importance
of a case, of at least the legal aspects of initial judicial
decisions on the merits of a case. However, there shall be no
obligation to provide an opportunity for review of acquittals in
criminal cases. ...
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. ...
... 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-43: Evidence [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority, where a party has
presented reasonably available evidence sufficient to support its
claims and has specified evidence relevant to substantiation of its
claims which lies in the control of the opposing party, to order that
this evidence be produced by the opposing party, subject in
appropriate cases to conditions which ensure the protection of
confidential information.
...
... 1. The
judicial authorities shall have the authority, where a party has
presented reasonably available evidence sufficient to support its
claims and has specified evidence relevant to substantiation of its
claims which lies in the control of the opposing party, to order that
this evidence be produced by the opposing party, subject in
appropriate cases to conditions which ensure the protection of
confidential information.
...
... 1. The
judicial authorities shall have the authority, where a party has
presented reasonably available evidence sufficient to support its
claims and has specified evidence relevant to substantiation of its
claims which lies in the control of the opposing party, to order that
this evidence be produced by the opposing party, subject in
appropriate cases to conditions which ensure the protection of
confidential information.
...
... 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. ...
... 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. ...
... 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-44: Injunctions [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority to order a party to
desist from an infringement, inter alia to prevent the entry
into the channels of commerce in their jurisdiction of imported goods
that involve the infringement of an intellectual property right,
immediately after customs clearance of such goods. Members are not
obliged to accord such authority in respect of protected subject
matter acquired or ordered by a person prior to knowing or having
reasonable grounds to know that dealing in such subject matter would
entail the infringement of an intellectual property right.
...
... 2. Notwithstanding
the other provisions of this Part and provided that the provisions of
Part II specifically addressing use by governments, or by third
parties authorized by a government, without the authorization of the
right holder are complied with, Members may limit the remedies
available against such use to payment of remuneration in accordance
with subparagraph (h) of Article 31. In other cases, the
remedies under this Part shall apply or, where these remedies are
inconsistent with a Member's law, declaratory judgments and adequate
compensation shall be available. ...
ARTICLE-46: Other Remedies [go to this ARTICLE]
... In order
to create an effective deterrent to infringement, the judicial
authorities shall have the authority to order that goods that they
have found to be infringing be, without compensation of any sort,
disposed of outside the channels of commerce in such a manner as to
avoid any harm caused to the right holder, or, unless this would be
contrary to existing constitutional requirements, destroyed. The
judicial authorities shall also have the authority to order that
materials and implements the predominant use of which has been in the
creation of the infringing goods be, without compensation of any
sort, disposed of outside the channels of commerce in such a manner
as to minimize the risks of further infringements. In considering
such requests, the need for proportionality between the seriousness
of the infringement and the remedies ordered as well as the interests
of third parties shall be taken into account. In regard to
counterfeit trademark goods, the simple removal of the trademark
unlawfully affixed shall not be sufficient, other than in exceptional
cases, to permit release of the goods into the channels of commerce. ...
ARTICLE-48: Indemnification of the Defendant [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority to order a party at
whose request measures were taken and who has abused enforcement
procedures to provide to a party wrongfully enjoined or restrained
adequate compensation for the injury suffered because of such abuse.
The judicial authorities shall also have the authority to order the
applicant to pay the defendant expenses, which may include
appropriate attorney's fees. ...
... 1. The
judicial authorities shall have the authority to order a party at
whose request measures were taken and who has abused enforcement
procedures to provide to a party wrongfully enjoined or restrained
adequate compensation for the injury suffered because of such abuse.
The judicial authorities shall also have the authority to order the
applicant to pay the defendant expenses, which may include
appropriate attorney's fees. ...
... 4. Where
provisional measures have been adopted inaudita altera parte,
the parties affected shall be given notice, without delay after the
execution of the measures at the latest. A review, including a right
to be heard, shall take place upon request of the defendant with a
view to deciding, within a reasonable period after the notification
of the measures, whether these measures shall be modified, revoked or
confirmed. ...
ARTICLE-55: Duration of Suspension [go to this ARTICLE]
... If,
within a period not exceeding 10 working days after the applicant has
been served notice of the suspension, the customs authorities have
not been informed that proceedings leading to a decision on the
merits of the case have been initiated by a party other than the
defendant, or that the duly empowered authority has taken provisional
measures prolonging the suspension of the release of the goods, the
goods shall be released, provided that all other conditions for
importation or exportation have been complied with; in appropriate
cases, this time-limit may be extended by another 10 working days.
If proceedings leading to a decision on the merits of the case have
been initiated, a review, including a right to be heard, shall take
place upon request of the defendant with a view to deciding, within a
reasonable period, whether these measures shall be modified, revoked
or confirmed. Notwithstanding the above, where the suspension of the
release of goods is carried out or continued in accordance with a
provisional judicial measure, the provisions of paragraph 6 of
Article 50 shall apply. ...