logo

Trips And Various Provisions In Trips Agreement

The TRIPS agreement contains certain provisions relating to known trademarks that complement the protection required by Article 6 bis bis of the Paris Convention, which was incorporated by reference to the TRIPS agreement and which requires members to refuse or cancel registration and prohibit the use of a trademark that conflicts with a known trademark. First, the provisions of this section also apply to services. Second, it is necessary to take into account the knowledge acquired in the relevant field of the public, not only through the use of the mark, but also through other means, including as a result of its promotion. In addition, the protection of known trademarks must cover products or services that are not similar to those for which the trademark has been registered, provided that their use indicates a link between those products or services and the owner of the registered trademark and that the interests of the licensee could be affected by such use (Article 16.2 and 3). 1. Each member treats the nationals of the other members no less favourable than that accorded to its own nationals in the area of intellectual property protection (3), subject to the exceptions already provided for by the Paris Convention (1967), the Bern Convention (1971), the Rome Convention or the Treaty on Intellectual Property with regard to integrated circuits. For performers, phonogram producers and broadcasters, this obligation applies only to the rights of this agreement. Any member who uses the possibilities of Article 6 of the Berne Convention (1971) or Article 16, paragraph 1, point b) of the Rome Convention notifies the Council for TRIPS. For the purposes of dispute resolution under this agreement, and subject to Articles 3 and 4, this agreement is not used to address the issue of the depletion of intellectual property rights.

(b) are granted in accordance with the provisions of the Bern Convention (1971) or the Rome Convention, which allows the treatment granted not to be treated in national treatment but in another country; Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. In accordance with the general rule of Article 7, paragraph 1, of the Berne Agreement, as incorporated into the TRIPS agreement, the author`s term of protection applies and 50 years after his death. Paragraphs 2 to 4 of this article explicitly allow for shorter deadlines in some cases. These provisions are supplemented by Article 12 of the ON TRIPS Agreement, which provides that the duration of protection of a work that is not calculated on a basis other than the life of a natural person is the duration of protection of a work that is not calculated on a basis other than the life of a natural person, this period cannot be less than 50 years from the end of the calendar year of authorized publication. , or, if such publication has not been authorized within 50 years of the work being made, 50 years after the end of the calendar year of production. 1. When formulating or amending their legislation, members may take the necessary measures to protect public health and nutrition and promote the public interest in sectors essential to their socio-economic and technological development, provided that these measures are in line with the provisions of this agreement.