December 19, 2020 by MMinspect
The ON TRIPS Agreement plays a key role in facilitating the trade in knowledge and creativity, in resolving trade disputes over intellectual property and in the ability of WTO members to achieve their national objectives. The agreement is a legal recognition of the importance of the links between intellectual property and trade. 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). Article 23 provides that interested parties must have the legal means to prevent the use of a geographical indication from which wines originate for wines of origin not indicated in the geographical indication. This also applies when the public is not misled, there is no unfair competition, the true origin of the goods is indicated, or the geographical indication is accompanied by expressions such as nature, type, style, counterfeiting or other. Similar protection should be given to geographical indications identifying spirit drinks when used in spirit drinks. Protection against trademark registration must be provided accordingly. 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).
