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Trips Agreement Provisions

3. Members shall accord to nationals of other Members the treatment provided for in this Agreement. 1. With regard to the intellectual property right concerned, nationals of other Members shall mean natural or legal persons who would fulfil the criteria for the use of the Paris Convention (1967), the Berne Convention (1971), the Rome Convention and the Treaty on Intellectual Property in the Field of Integrated Circuits. all WTO members were members of these agreements. 2. Any Member which makes use of the possibilities offered by Article 5(3) or Article 6(2) of the Rome Convention shall notify the Council for the Commercial Aspects of Intellectual Property Rights (TRIPS) thereof in accordance with those provisions. TRIPS conditions that impose more standards beyond TRIPS were also discussed. [38] These free trade agreements contain conditions that limit the ability of governments to create competition for generic drug manufacturers.

In particular, the United States has been criticized for encouraging protection far beyond the standards imposed by TRIPS. U.S. free trade agreements with Australia, Morocco, and Bahrain have extended patentability by requiring patents to be available for new uses of known products. [39] The TRIPS Agreement allows for the issuance of compulsory licences at the discretion of a country. The more ad hoc conditions provided for in the free trade agreements between the United States and Australia, Jordan, Singapore and Vietnam have limited the application of compulsory licenses to emergency situations, antitrust measures and cases of non-commercial public use. [39] 2. In addition, the protection of registered known marks must relate to goods or services which are not similar to those for which the trade mark has been registered, provided that their use indicates a link between those goods or services and the proprietor of the registered trade mark and that the interests of the proprietor may be affected by such use (Article 16, paragraphs 2 and 3). Compulsory licenses and use by the state without the authorization of the right holder are allowed, but they are subject to conditions aimed at protecting the legitimate interests of the right holder. .

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