Trips Agreement Trademark

In this chapter, we describe the provisions introduced by the Agreement on Trade-Related Intellectual Property Rights (TRIPS) aspects of trademarks. Like the patent, copyright and other rights provisions, Section II of Part II of the TRIPS Agreement (Article 15-21) imposes minimum trademark standards on members of the World Trade Organization (WTO) such as protection requirements, rights, duration of protection and requirements for trademark transactions. In accordance with the general principles adopted under trips, Section II does not require WTO members to put in place specific mechanisms for transposing mandatory TRIPS standards for trademarks into national law. Instead, WTO members remain free to implement mandatory trademark standards on the basis of their existing and/or preferred national legislation, subject to the following general principles: (a) the national treatment provided for by Article 3 of the ON TRIPS agreement (particularly with regard to equal treatment or non-discrimination of foreign and domestic individuals and companies on their territory); and (b) the most favoured treatment under Article 4 of the ON TRIPS agreement (which extends to nationals of other WTO members all “benefits, benefits, privileges or immunities” granted to nationals of a WTO member). Under the general rule set out in section 64 of the TRIPS, WTO members are also empowered to challenge other members under the WTO Dispute Settlement Agreement (DSU) if they believe that the attacked member`s domestic legislation violates or does not fully comply with the prescribed trademark standards BY TRIPS.5 Article 1 of the Membership Agreement also provides that WTO members comply with certain trademark provisions of the Paris Intellectual Property Protection Agreement (Paris Agreement). With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration.

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