Wto Agreement On Trade-Related Aspects Of Intellectual Property Rights (Trips)

Members may provide limited exceptions to trademark rights, such as fair use of descriptive terms. B, provided that these exceptions take into account the legitimate interests of the trademark holder and third parties (Article 17). Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4). Articles 3, 4 and 5 contain the basic rules on the treatment of foreigners by nationals and the most advantaged, which are common to all categories of intellectual property covered by the agreement. These obligations relate not only to standards of material protection, but also to issues relating to the availability, acquisition, scope, maintenance and application of intellectual property rights, as well as intellectual property issues that are explicitly mentioned in the agreement. While the national treatment clause prohibits discrimination between nationals of one member and nationals of other members, the most favoured nation clause prohibits discrimination between nationals of other members. With respect to the national treatment obligation, exemptions authorized by WIPO`s existing IP agreements are also permitted under TRIPS. If these exceptions allow for substantial reciprocity, a derogation from the resulting MFN treatment is also permitted (for example.

(b) the comparison of copyright protection provisions exceeding the minimum duration provided for by the TRIPS agreement, in accordance with Article 7, paragraph 8, of the Bern Agreement, in accordance with the ON THE TRIPS agreement). Other limited exceptions to the MFN obligation are also provided. In particular, the TRIPS requires WTO members to grant intellectual property rights to authors and other copyright holders as well as to neighbouring rights holders, i.e. performers, phonograms and broadcasters; Geographical indications Industrial designs; Built-in switching designs Patents New plant varieties Brands; Trade names and undisclosed or confidential information. TRIPS also defines enforcement procedures, remedies and dispute resolution procedures.