Trade Related Aspects of Intellectual Property Rights, 2020
DOI: 10.1093/law/9780198707219.003.0006
Full text: Unavailable
This chapter addresses Section 2, Part II, of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement, which relates to trademarks. In addition to the substantive rules contained in said section, the Agreement incorporates provisions to ensure the enforcement of rights (Part III) and, particularly, procedures to be followed by customs authorities with regard to counterfeit trademark goods (Part III, Section 4). This section significantly strengthens the rights of trademark owners as compared to those available under the Paris Convention. The main innovation brought about by the TRIPS text in the trademark area probably relates to the expanded protection conferred on well-known trademarks. Another area of potential significant impact is the limitation and conditions imposed with regard to the use requirement to maintain registration, and the flexibility accorded to assign trademarks unrelated to the respective business. The enforcement rules in Part III are likely to be, however, the most significant components of the Agreement in terms of impact on trademark law.