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ARTICLE-8: Principles [go to this ARTICLE]
... 2. Appropriate
measures, provided that they are consistent with the provisions of
this Agreement, may be needed to prevent the abuse of intellectual
property rights by right holders or the resort to practices which
unreasonably restrain trade or adversely affect the international
transfer of technology.
...
ARTICLE-15: Protectable Subject Matter [go to this ARTICLE]
... 2. Paragraph
1 shall not be understood to prevent a Member from denying
registration of a trademark on other grounds, provided that they do
not derogate from the provisions of the Paris Convention (1967).
...
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-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:
...
... 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)
...
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-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.
...
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. 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. ...
... 1. Members
shall ensure that enforcement procedures as specified in this Part
are available under their law so as to permit effective action
against any act of infringement of intellectual property rights
covered by this Agreement, including expeditious remedies to prevent
infringements and remedies which constitute a deterrent to further
infringements. These procedures shall be applied in such a manner as
to avoid the creation of barriers to legitimate trade and to provide
for safeguards against their abuse. ...
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.
...
... (a) to prevent an infringement of any intellectual property right
from occurring, and in particular to prevent the entry into the
channels of commerce in their jurisdiction of goods, including
imported goods immediately after customs clearance; ...
... (a) to prevent an infringement of any intellectual property right
from occurring, and in particular to prevent the entry into the
channels of commerce in their jurisdiction of goods, including
imported goods immediately after customs clearance; ...
... 3. The
judicial authorities shall have the authority to require the
applicant to provide any reasonably available evidence in order to
satisfy themselves with a sufficient degree of certainty that the
applicant is the right holder and that the applicant's right is
being infringed or that such infringement is imminent, and to order
the applicant to provide a security or equivalent assurance
sufficient to protect the defendant and to prevent abuse. ...
... 1. The
competent authorities shall have the authority to require an
applicant to provide a security or equivalent assurance sufficient to
protect the defendant and the competent authorities and to prevent
abuse. Such security or equivalent assurance shall not unreasonably
deter recourse to these procedures. ...
ARTICLE-73: Security Exceptions [go to this ARTICLE]
... (b) to prevent a Member from taking any action which it considers
necessary for the protection of its essential security interests; ...
... (c) to
prevent a Member from taking any action in pursuance of its
obligations under the United Nations Charter for the maintenance
of international peace and security. ...