TRIPS Flashcards
Learn TRIPS
What TRIPS articles governs National Treatment?
Art 3.1
What is the ‘comparison of terms’ exceptions under TRIPS?
Art 7.8 - takes from Berne Convention - If a
Member provides a term of protection in excess of the minimum term required by the TRIPS Agreement, it does not need to protect a workfor a duration that exceeds the term fixed in the country of origin of that work.
Can a Member implement more stringent IP rights than TRIPS?
Art 1.1 - yes
How is ‘nationals’ understood in TRIPS Art 1.3?
Same way as under the Paris Convention
What exceptions does TRIPS allow from National Treatment?
Exceptions already provided in, respectively, the Paris Convention (1967), the Berne Convention (1971), the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits.
Only where such exceptions are necessary to secure compliance with laws and regulations which are not inconsistent with the provisions of this Agreement and where such practices are not applied in a manner which would constitute a disguised restriction on trade.
What is the standard for Art 3.1 of TRIPS (NT)?
US — Section 211 Appropriations Act: does the measure affect “effective equality of opportunities”?
What is the scope of national treatment under TRIPS?
Indonesia — Autos: Only applies to ‘those matters affecting the use of intellectual property rights specifically addressed in this Agreement’
What TRIPS article covers MFN?
Art 4 TRIPS
What does ‘protection’ cover under TRIPS?
Footnote 3 of TRIPS: includes availability, acquisition, scope, maintenance and enforcement. Use rights only insofar as specifically addressed in TRIPS (Indonesia-Autos).
What two elements must be satisfied for NT under TRIPS?
EC-Trademarks and GI:
(1) Measure must apply with regard to protection of IP: and
(2) Nationals of other Members must be accorded ‘less favourable’ treatment than Member’s own nationals.
Does TRIPS regulate exhaustion?
No - Art 6 expressly provides that it doesn’t.
Does TRIPS concern all forms of IP?
Sections 1 to 7, Part II TRIPS: No only 7:
Copyright Trademarks GIs Patents Industrial Designs Layout designs of ICs Protection of Undisclosed Information
What are the requirements for exceptions and limitations to copyright rights?
Art 13 TRIPS - must be confined to special cases, not conflict with normal exploitation of the work; and not unreasonably prejudice the legitimate interests of the rights hold (US-Section 110(5) Copyright Act).
What is the requirement for registration as at trademark under TRIPS?
Distinctiveness is key (Art 15.1). Only sets standard for registration, Members not obliged to register all marks applied for.
What rights do trademark owners have under TRIPS?
Art 16 - exclusive right to prevent third parties from using mark on goods/services similar to those the TM is registered in relation to where such use would create confusion.
