Trips Agreement Art 22

1. Members agreed to engage in negotiations to strengthen the protection of the various geographical indications in accordance with Article 23. Paragraphs 4 to 8 below cannot be used by a member to refuse to negotiate or conclude bilateral or multilateral agreements. As part of these negotiations, members are prepared to consider the subsequent applicability of these provisions to the individual geographical indications whose use has been the subject of these negotiations. 2. Each Member ensures that the requirements for guaranteeing the protection of textile products, particularly with regard to costs, controls or publication, do not disproportionately affect the ability to apply for and obtain such protection. Members are free to fulfill this obligation through commercial or copyright law. (b) before the geographical indication is protected in his country of origin; 1. For the purposes of this agreement, geographical indications are indications that include a credit of origin on the territory of a member, region or place located in the territory of a member state or place located in that area, where a particular characteristic, reputation or other characteristic of the goods is essentially due to their geographical origin. (6) There is nothing in this section requiring a member to apply its provisions relating to a geographical indication of another member with respect to products or services for which the indication in question is identical to that used in the common language as a common name for those products or services in that member`s territory. This section does not require a member to apply its provisions relating to the geographical indication of another member with respect to the products in the trap for which the corresponding indication is identical to the usual name of a grape variety existing in that member`s territory on the date of the WTO agreement. 2.

The TRIPS Board is reviewing the application of the provisions of this section. The first review will take place within two years of the WTO agreement coming into force. Any issues that have an impact on compliance with the obligations arising from these provisions may be brought to the attention of the Council, which, at the request of a member, consults all members or members on these issues for which it has not been possible to reach a satisfactory solution through bilateral or plurilateral consultations between the members concerned. The Commission is taking the steps that can be agreed to facilitate implementation and promote the objectives of this section. 4. There is nothing in this section that requires a member to prevent the continued and similar use of a given geographical indication of another member identifying wines or spirits in relation to the products or services of one of its nationals or residences who have continuously used this geographical indication for the same or similar goods or services in that member`s territory. (a) for a period of at least ten years prior to April 15, 1994 or b) faithfully prior to that date. 7.

A member may anticipate that any application under this section regarding the use or registration of a trademark has been made public within five years of the publication of the adverse use of the protected reference in that member or the date the trademark is registered in that member, provided the mark has been published on that date. , if that date is before the date on which the adverse use was made public in that member, unless the geographical indication is used or recorded in bad faith.

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