Trips Agreement Trademark

A 2003 agreement eased the requirements of the domestic market and allows developing countries to export to other countries where there is a national health problem as long as the exported medicines are not part of a trade or industrial policy. [10] Drugs exported under such a regime may be packaged or coloured differently to prevent them from harming the markets of industrialized countries. Members may provide for limited derogations from the rights conferred by a trademark, such as. B the fair use of descriptive terms, provided that such derogations take account of the legitimate interests of the proprietor of the trade mark and third parties (Article 17). The use of a trademark in commercial transactions should not be subject to special requirements, such as.B. An application may not be rejected on the sole ground that the use has not taken place before the expiry of a period of three years from the date of filing of the application. In this chapter, we outline the provisions introduced by the Agreement on the Commercial Aspects of Intellectual Property Rights (TRIPS) with respect to trademarks. Like the provisions on patents, copyrights and other rights, Part II of the TRIPS Agreement (Articles 15 to 21) imposes on Members of the World Trade Organization (WTO) minimum standards for trademarks such as protection requirements, rights granted, duration and requirements applicable to trademarks. . . .

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