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FTAA - Free Trade Area of the Americas

Draft Agreement

Chapter on Intellectual Property Rights



[ PREAMBLE ]

[The Parties
Desiring to reduce distortions and impediments to trade within the Hemisphere;
Desiring to enhance the intellectual property systems in the Hemisphere to account for the latest technological developments;
Desiring to promote greater efficiency and transparency in the administration of intellectual property systems within the Hemisphere;
Desiring to build on the foundations established in existing international agreements in the field of intellectual property, including the World Trade Organization Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS);
Hereby agree as follows:1 ]

I. GENERAL PROVISIONS AND BASIC PRINCIPLES.

Article XX [Nature and Scope of Obligations]

[Each Party shall provide in its territory to the nationals of the other Parties adequate and effective protection and enforcement of intellectual property rights, while ensuring that measures to enforce those rights do not themselves become barriers to legitimate trade.

Each Party may implement in its law more extensive protection of intellectual property rights than is required under this chapter, provided that such protection is not inconsistent with this chapter

Parties shall be free to determine the appropriate method of implementing the provisions of this chapter within their own legal system and practice]

Article XX Definitions

[For the purposes of this chapter, the following definitions shall apply:

-Berne Convention: the Berne Convention for the Protection of Literary and Artistic Works, Paris Act of July 24, 1971; 
-Brussels Convention, Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite of 1974.
-Geneva Convention: the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms, adopted in Geneva on October 29, 1971; 
-Paris Convention: the Paris Convention for the Protection of Industrial Property, Stockholm Act, of July 14, 1967; and 
-Rome Convention: the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, adopted in Rome on October 26, 1961. 
-Intellectual property rights: all categories of intellectual property protected in this chapter, under the terms indicated.]

[National of a Party: in respect of the relevant intellectual property right shall be understood as those natural or legal persons that would meet the criteria for eligibility for protection provided for in the Paris Convention (1967), the Berne Convention (1971), [the Geneva Convention,] the Rome Convention, [the Brussels Convention] and the Treaty on Intellectual Property in Respect of Integrated Circuits]

Article XX. [International Agreements] [Relation to other Intellectual Property Agreements [and Joint Recommendations] ]

[1. Parties may enter into intellectual property treaties or cooperation agreements, provided that they are not inconsistent with the provisions of this Agreement.]

[2. No provision of this chapter, relating to intellectual property rights, shall derogate from existing obligations that the Parties may have to each other under the Paris Convention, the Berne Convention, the Rome Convention, the Geneva Convention [and the Lisbon Agreement.] the Brussels Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits]

3. [For the purpose of granting adequate and effective protection and enforcement of the intellectual property rights referred to in this chapter, Each Party to this Agreement shall give effect to, at a minimum, the principles and norms of this Chapter and, in addition to the substantive provisions of the following agreements:]

[(a) Berne Convention for the Protection of Literary and Artistic Works, 1971 (Berne Convention);]

[(b) Paris Convention for the Protection of Industrial Property, 1967 (Paris Convention)]

[(c) [Articles x to xx of the] Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms, 1971 (Geneva Convention);]

[(d) International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1961 (Rome Convention);] 

[(e) Agreement on Trade-Related Aspects of Intellectual Property Rights, the TRIPS Agreement (1994);] [, until such time as such Party has acceded to, and implemented the TRIPS Agreement.]

[(f) [Articles 1 to 22 of the] International Convention for the Protection of New Varieties of Plants – UPOV, [1991] [1978 or 1991, depending on which is in force in each country] ]

[(g) [Articles 1 to 7 of the] Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974);]

[(h) Articles x to xx of the Trademark Law Treaty (1994);]

[(i) [Articles 1 to 23 of the] WIPO Performances and Phonograms Treaty, 1966;]

[(j) [Articles 1 to 14 of the] WIPO Copyright Treaty, 1996.]

[(k) Articles x to xx of the Patent Law Treaty - placeholder;]2 

[(l) Articles x to xx of Instrument for the Protection of Audio-Visual Performers’ Rights - placeholder;]

[(m) Articles x to xx of Treaty for the Protection of Non-Copyrightable Elements of Databases - placeholder;]

[(n) the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks (1999)3 and;]

[(o) Articles x to xx of WIPO Protocol on Trademark Licenses4]

[(p) Convention on Biological Diversity]
[4. Each Party shall make best efforts to ratify or accede to the International Agreements [and Joint Recommendations] referred to in paragraph 3 if they are not parties to them on or before the date of entry into force of this Agreement]

[4. Parties that have not ratified these agreements shall have one year from the entry into force of this Agreement to ratify or accede to the international agreements referred to.]

[5. Parties to this Agreement who have not already done so shall make best efforts to ratify or accede to the following international agreements concerning registration of intellectual property rights, within a period of one year within the entry into force of this Agreement,:

a) the Patent Cooperation Treaty (PCT) (1984);

b) the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks;

c) the Hague Agreement Concerning the International Deposit of Industrial Designs (1999);

d) the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1980);]

[6. For all purposes, including the settlement of disputes, nothing in this chapter shall be construed as additional or higher levels of protection than the minimum standards established in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), nor may it be interpreted as a reduction in the protection to levels inconsistent with the standards established in that Agreement.]

[(Placeholder Note: The NGIP will need to determine whether issues solely related to the obligations of the TRIPS Agreement, as incorporated in this Agreement, the international agreements and joint recommendations in paragraph 1, and provisions related to international agreements concerning the registration of intellectual property rights in paragraph 3 may be referred to the dispute settlement procedures of this Agreement.)]

Article XX. National Treatment

1. Each Party shall accord to the nationals of other Parties treatment no less favorable than it accords to its own nationals with regard to the protection5 [and enjoyment] of intellectual property rights [and any benefits derived therefrom.]

[subject to the exceptions already provided in, respectively [the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994),] the Paris Convention (1967), the Berne Convention (1971), the Rome Convention (1961) [, the Geneva Convention,] and the Treaty on Intellectual Property in Respect of Integrated Circuits.]

[2. [A Party] [Each Party]
[may avail itself of the exceptions allowed under paragraph 1] [may derogate from paragraph 1] in relation to its judicial and administrative procedures for the protection [and enforcement] of intellectual property rights including the designation of an address for service or the appointment of an agent within the jurisdiction of a Party, only where such exceptions

a) are necessary to secure compliance with laws and regulations which are not inconsistent with the provisions of this Agreement, and

b) where such practices are not applied in a manner which would constitute a disguised restriction on trade.]
[3. In respect of performers, producers of phonograms and broadcasting organizations, all rights under this chapter that exceed the protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) shall be excepted from national treatment in regard to countries that are not Members of this Agreement and of the Rome Convention, for which the principle of reciprocity shall apply.]

[4. No Party may, as a condition of according national treatment under this chapter, require the nationals from other Parties, to comply with any formalities or conditions in order to acquire rights in respect of copyright and related rights.]

[5. They may also accord such treatment to nationals of a third country, under such conditions as may be provided for in the legislation of the Member.]

Article XX. Most-Favored-Nation Treatment

1. With regard to the protection [and enjoyment] of intellectual property, any advantage, favour, privilege or immunity granted by a Party to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Parties. 

[2. Exempted from this obligation are any advantage, favour, privilege or immunity accorded by a Party:
[deriving from international agreements and, in particular, trade and integration agreements within the Hemisphere:]

[(a) [deriving from international agreements] on judicial assistance or law enforcement of a general nature and not particularly confined to the protection of intellectual property;]

[(b) granted in accordance with the provisions of the Berne Convention (1971) or the Rome Convention authorizing that the treatment accorded be a function not of national treatment but of the treatment accorded in another country;]

[(c) in respect of the rights of performers, producers of phonograms and broadcasting organizations not provided under this Chapter.]

[(d) that include provisions on intellectual property and that entered into force prior to 01/01/1995, from the entry into force of the Agreement Establishing the WTO, and that have been notified to the Council for TRIPS.]

[(d) deriving from international agreements related to the protection of intellectual property which entered into force prior to the entry into force of the WTO Agreement, provided that such agreements are notified to the Council for TRIPS and do not constitute an arbitrary or unjustifiable discrimination against nationals of other Members.] ]
Article XX. [Multilateral Agreements on Acquisition and Maintenance of Protection]

[The obligations under Articles (XX and XX) on national treatment and most favored nation treatment do not apply to procedures provided in multilateral agreements concluded under the framework of WIPO relating to the acquisition or maintenance of intellectual property rights]

Article XX. [ [Promoting Innovation and] Technology Transfer]

[1. [The Parties agree that the principle which underlies this Agreement and which should inform its implementation is that] The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual advantage of producers and users [of technology,] [of technological knowledge] [in a manner conducive to social and economic welfare] [foster social and economic welfare] and achieve a [proper] balance of rights and obligations.]

[1. The Parties shall contribute to the promotion of technological innovation and the transfer and dissemination of technology, through government regulations favorable to industry and trade, that do not hinder free competition.]

[2. The needs of countries for financial resources and access to technology and knowledge, technology transfer and joint technological development under the relevant provisions of this Agreement should be considered, especially for technological training, in order to increase the competitiveness of the countries domestically and internationally.]

[3. Accepting the principle set out in paragraph 1, the Parties agree to take legislative, administrative or policy measures, as appropriate, to encourage and facilitate access to, joint development and transfer of, technology among private sectors of the Parties. Such measures should take account of the needs of Parties to this Agreement, having regard to their stage of development, and in particular, the special needs of those parties to this Agreement which have small economies.]

[4. Parties may implement in their legislation rules that prohibit contractual practices or conditions that restrict or limit the effective transfer of technology.]

[5. Each Party may suspend any and all obligations established in this chapter if the provisions of this article are not effectively implemented.]

Article XX. [Exercise of Rights/Abuse of Rights]

[1. Parties do not allow the abusive use or abusive non use of a right. In this regard, Each Party may apply appropriate measures provided that they are consistent with the provisions of this Agreement to prevent the abusive exercise of intellectual property rights by right holders or the use of practices which unreasonably limit trade or adversely affect the international transfer of technology.]

[2. Parties shall be free to determine the appropriate method of implementing the provisions of this Agreement, within the framework of their own judicial systems and practice. They shall also take into consideration, for the recognition and exercise of such rights, the social purposes of intellectual property, which may not be used to arbitrarily or unjustifiably discriminate against or restrict technological development or technology transfer, nor cause the abuse of dominant position on the market or the elimination of competition.]

Article XX. [Transparency]

[1. Each Party shall ensure that all laws, regulations, procedures and practices governing the protection or enforcement of intellectual property rights, and all final judicial decisions and administrative rulings of general applicability pertaining to the subject matter of this Agreement , shall be in writing and shall be published, in a national language in such a manner as to enable the public to become acquainted with them and so that the system for protecting and enforcing intellectual property rights shall become transparent. ]

[2. Procedures governing the filing, prosecuting, and cancellation/opposition/invalidation of applications for the protection of intellectual property shall be set out clearly in writing and made publicly available. Such procedures shall include names and contact information for specific entities involved in the filing, prosecuting, and cancellation/opposition/invalidation of applications for the protection of intellectual property.]


II INTELLECTUAL PROPERTY RIGHTS

1) TRADEMARKS

Article XX. Protectable Subject Matter

[1. Any sign or any combination of signs, capable of distinguishing goods or services of one undertaking from those of other undertakings, or goods or services of one person from those of others 
[where signs are sufficiently different or capable of identifying the goods or services to which they are applied, compared to those of its same kind or class] 
shall be capable of constituting a trademark.]

[Such signs, in particular, words, including personal names, letters, numerals, figurative elements, and combinations of colors, as well as any combination of such signs, shall be eligible for registration as trademarks.]

[Where signs are not inherently capable of distinguishing the relevant goods or services, 
[each Party] [Parties] may make registrability depend on distinctiveness acquired through use.]

[Trademarks shall include [service marks,] [and] collective marks [and certification marks] ] 

[1. Each Party shall understand “trademark” to mean any visible sign that serves to identify an enterprise in its commercial activity, and is capable of distinguishing the products or services of an enterprise from those of other enterprises.

Trademarks may consist, among other things, of trade names, personal names, pseudonyms, commercial slogans, figurative elements, portraits, letters, numerals, monograms, labels, shields, stamps, vignettes, ornamental borders, lines, bands, combinations and arrangements of colors, form, presentation or packaging of their products or of their containers or wrappings, or the media or outlets through which the corresponding products or services are sold.]

2. [Signs that are susceptible of graphic representation may be registered as trademarks.]

[ [The Parties] [Each Party] may require, as a condition of registration, that signs be visually perceptible [or susceptible of graphic representation] ]

[Parties may not require, that signs be visually perceptible to be elegible for registration] 

[3. The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to registration of the trademark.]

[4. [Each Party] [Parties] shall publish each trademark either before its registration or promptly after it is registered, [in accordance with their legislation,]

[and shall afford a reasonable opportunity for petitions to cancel the registration. In addition, each Party [may] [shall], afford an opportunity for the registration of a trademark to be opposed.]

[and shall offer interested persons a reasonable opportunity to oppose its registration or to contest it.]

[5. Parties may make registrability depend on use. 

However, actual use of a trademark shall not be a condition for filing an application for registration. An application shall not be refused solely on the ground that intended use has not taken place before the expiry of a period of three years from the date of application.]

[6. The Parties may refuse to register trademarks that consist of or comprise immoral matter, reproduce national symbols, or are deceptive to the public.]

[6. Each Party may refuse, in accordance with its legislation, the registration of trademark that:

a) incorporate, inter alia, national symbols, or other national or international public entities;

b)signs, words or expressions that are contrary to morality or public order;

c) can lead to error as to their provenance, nature or quality; or

d) that are identical or similar to the extent of causing confusion or association when these trademarks are applied to the same products or services.]

Article XX. [Absolute and Relative Prohibitions]

[1. Parties may establish absolute and relative prohibitions on the registration of trademarks, provided that they are not inconsistent with regional or multilateral agreements on intellectual property.]

[In particular, signs that reproduce, imitate or include the denomination of a plant variety protected in one of the Members may not be registered as a trademark if said sign is used for products or services related to that variety or if usage thereof can cause confusion or association with the variety.

In addition, signs may not be registered if their use in the course of trade would unduly affect the rights of a third party, in particular when they consist of the name of indigenous, afro-American or local communities, or the denominations, words, letters, characters or signs used to distinguish their products, services or the way they were processed, or if they constitute an expression of their culture or practice, unless the request is presented by the community itself or with its express consent.]

[Generic Terms6]

Article XX. [Exhaustion of Rights]

[The registration of a trademark shall not entitle a right holder to prevent a third party from trading goods that is protected by said registration if the good in question have already been introduced in the stream of commerce on any country by the right holder or by any other person with the authorization of the holder or who is economically related to, provided that goods and containers and packages and have not been modified, altered, or deteriorated.

For purposes of this article, two persons are economically related where one person can have a decisive influence upon the other, either directly or indirectly, with respect to the use of the rights on the trademark, or where a third party may have such an influence upon both persons.]

[This Agreement shall not affect the authority of Parties to determine the conditions, if any, under which the exhaustion of rights related to products legitimately introduced in the market by, or with the authorization of the owner of the trademark shall apply. 

However, if a Party recognizes the principle of domestic exhaustion or the principle of non-exhaustion, the right holder, based on his registration or grant, may not prevent the circulation of patented goods or goods bearing a trademark, when legitimately introduced in the market under a compulsory license or any other safeguard.

Parties undertake to review their domestic legislation within a period not exceeding 5 years after the entry into force of this Agreement, in order to adopt, at a minimum, the principle of regional exhaustion in regard to all countries signatories to this Agreement.]

[Parties agree to apply the principle of regional exhaustion of rights, i.e., the holder of the intellectual property right may not prevent the free marketing of legitimate products, once lawfully introduced into the market in any FTAA Party, whether by the right holder himself or by a licensee or third party authorized by the right holder, provided that the products and the containers or packaging that have been in direct contact with such products have not been modified or altered. 

Parties shall have two years from the entry into force of this Agreement to incorporate this principle in their national legislation.]

Article XX. Rights Conferred

[The owner of a registered trademark shall have the exclusive right to prevent all persons not having the owner's consent from using in the course of trade identical or similar signs[, including geographical indications,] for goods or services [that are identical or similar] [that are related] 
to those goods or services in respect of which the owner's trademark is registered, where such use would result in a likelihood of confusion. ]

[In case of the use of an identical sign for [identical] [identical or similar] [related] goods or services, a likelihood of confusion shall be presumed. The rights described above shall not prejudice any existing prior rights, nor shall they affect the possibility of Parties making rights available on the basis of use.]

[The owner of a registered trademark shall be entitled to take action against third parties performing any of the following acts without the owner’s consent:

a) Apply, attach or in any way affix a distinctive sign that is identical or similar to the registered mark, to products in respect of which the mark has been registered, or on the containers, wrapping, packaging or presentations of such products, or on those that have been produced, modified or treated using services in respect of which the trademark has been registered.

b) Suppress or alter the mark that its owner, or a person authorized thereby, may have applied, affixed or attached to the products defined in the previous subparagraph;

c) Manufacture labels, containers, wrappings, packaging or other analogous items which reproduce or contain a reproduction of the registered trademark; or market such items, or unlawfully hold such items in stock.

d) Refill or reuse for commercial purposes, containers, wrappings or packaging bearing the mark;

e) Make commercial use of a sign that is identical or similar to the registered mark for the same products or services in respect of which the mark has been registered; or for different products or services, when such use might cause confusion or suggest a connection with the owner of the trademark; and

f) Make commercial use of a sign that is identical or similar to the registered trademark in circumstances where such use might mislead the public or cause confusion, or might cause the owner of the trademark unfair economic or commercial injury, by diluting the distinctive force or commercial value of the mark, or by taking unfair advantage of its good name or distinctive force.]

Article XX. [Well-Known Marks] [Rights Conferred]

[1. Parties shall provide adequate protection to well-known marks.]

[2. [Each Party shall apply] Article 6 bis of the Paris Convention [shall apply,]
[, with such modifications as may be necessary,] [mutatis mutandis,] [to service marks] [to services.] ]

[A mark which, due to its promotion and marketing acquires a high level of familiarity in the sector involved and is identified with given products or services, shall be considered a well-known mark.]

[A trademark shall be considered well-known [in a Party] when a given sector of the public or of the business circle of the Party [in which the claim is being made] knows or recognizes the mark as a consequence of business [and/or promotional] activities carried out [in a Party or outside the latter] by a person who uses the mark in connection with his [products] [goods] or services [in the territory of the Party, as a result of the promotion or advertising thereof.] ] 

[In order to demonstrate that the mark is well-known, all evidence [allowed by the Party in which such claim is being pursued] [including domestic evidence, without prejudice to the use of evidence originated abroad.] [allowed by the Party] [including evidence originated domestically or abroad] may be used]

[In determining whether a trademark is well-known, Parties shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Party concerned which has been obtained as a result of the promotion of the trademark. [Parties shall not require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services.] ]

[3. In determining whether a mark is well-known, relevant sectors shall include, among others:

a) Actual or potential consumers of the type of goods or services to which the mark applies;

b) Persons involved in marketing channels of the type of goods or services to which the mark applies; and

c) Business circles dealing with the type of establishments, activity, goods or services to which the mark applies]

[4. Article 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to goods or services which are not similar to those [in respect of which a trademark is registered] [identified by a well-known trademark, whether registered or not,] provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark and provided that the interests of the owner of the trademark are likely to be damaged by such use.]

[5. The Parties shall undertake ex-officio if their legislation so permits, or at the request of an interested Party, to refuse or to cancel the registration, and to prohibit the use of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark [considered by the competent authority of the country of registration or use to be] well-known in that country and used for identical or similar goods or services. These provisions shall also apply when an essential part of the mark constitutes a reproduction of any such well-known mark or an imitation liable to create confusion therewith.]

[5. Parties shall undertake ex-officio if the country’s legislation so permits, or at the request of an interested party, to refuse or cancel the registration of a trademark of goods or services which constitute a reproduction or imitation [or translation] of a mark considered by the competent authority of the country of country of registration to be a well-known mark in that country, property of a distinct owner and is used for identical or similar [or related] goods or services.] 

[5. No Party shall register as a trademark those signs or figures which are identical or similar to those of a well-known mark, in order to apply these to any good or service in any case in which the use of the trademark by whomever may request registration, might create confusion or a risk of association with the person referred to in paragraph 1, or take an unfair advantage of the good will of the trademark. This prohibition shall not apply when the applicant for registration is the person referred to in paragraph 2.]

[5. No Party shall register as a trademark those signs or figures which are identical or similar to those of a well-known trademark, in order to apply these to any [product] [good] or service in any case in which [the use of the trademark by whomever may request registration, might create confusion or a risk of association with the person who uses said trademark in relation to its goods or services; may constitute an unfair advantage of the prestige of the trademark; or when it arises from the connection with same and could injure the interest of said person. This provision shall not apply when the applicant for registration of the trademark is the right holder of the well-known trademark in a Party.] [its use may suggest an association with the owner of the well-known mark or could affect his interests.] ]

[6. If any Party requires use for maintenance of the registration or renewal thereof, the promotion of the trademark within the territory shall be accepted as use of well known marks]

[6. The person who initiates an action to cancel the registration of a trademark in violation of paragraph 2, must show proof of having requested, in a Party, the registration of a well-known trademark, ownership of which said person claims.]

[7. No deadline shall be established for pursuing the cancellation or prohibition of use of marks registered or used in bad faith.]

Article XX. Exceptions

[ [Each Party] [The Parties] may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the trademark owner and of third parties.] 

Article XX. Term of Protection

[Initial registration and each renewal of registration, of a trademark shall be for a term of
[not less than] [7 seven years] [10 ten years]
[from the date of filing of the application or the date of its registration according to the legislation of each Party.] 
[the date of its registration, according to the legislation of each Party.]

[, and may be renewed [indefinitely] for successive periods of ten years [as long as it complies with the conditions for renewal.] ]
[The registration of a trademark shall be renewable indefinitely.]

[Registration may also be renewed during a period of six (6) months following expiration of the registration or of the previous renewal. During such grace period, the registration shall remain fully valid.

On renewal of registration, no change may be made to the mark, nor expansion of the list of products or services in respect of which the mark was registered. The owner of the mark may, however, reduce or restrict that list.]

Continuation: Article XX. Requirement of Use

Return to the Index



1 Proposed preamble language without prejudice to where it appears in the Agreement.
2 [(In the cases of subparagraphs (k), (l), (m), (n) (o), “place holder” was included since those treaties are currently under negotiation. This list will be revised and placeholders will be separated out.)]
3 Adopted by the Assemblies of the Member States of WIPO, September, 1999.
4 Adopted by the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications on _________.
5 For purposes of proposed Articles XX. National Treatment and Most-Favored Nation Treatment, “protection” shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as uses of intellectual property rights specifically covered by this Agreement.
6 [Placeholder]


 
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