Book contents
- Frontmatter
- Contents
- Figures
- Boxes
- Tables
- Preface
- Acknowledgements
- Acronyms and abbreviations
- I Introduction to the TRIPS Agreement
- II Copyright and related rights
- III Trademarks
- IV Geographical indications
- V Patents
- VI Industrial designs, layout-designs of integrated circuits, undisclosed information, anti-competitive practices
- VII Enforcement
- VIII Dispute prevention and settlement
- IX TRIPS and Public Health
- X Current TRIPS issues
- Appendix 1 Guide to TRIPS notifications
- Appendix 2 Guide to TRIPS documents
- Annexes TRIPS Handbook
- Index
III - Trademarks
Published online by Cambridge University Press: 05 May 2012
- Frontmatter
- Contents
- Figures
- Boxes
- Tables
- Preface
- Acknowledgements
- Acronyms and abbreviations
- I Introduction to the TRIPS Agreement
- II Copyright and related rights
- III Trademarks
- IV Geographical indications
- V Patents
- VI Industrial designs, layout-designs of integrated circuits, undisclosed information, anti-competitive practices
- VII Enforcement
- VIII Dispute prevention and settlement
- IX TRIPS and Public Health
- X Current TRIPS issues
- Appendix 1 Guide to TRIPS notifications
- Appendix 2 Guide to TRIPS documents
- Annexes TRIPS Handbook
- Index
Summary
General
This chapter explains the provisions of Section 2 of Part II of the TRIPS Agreement entitled ‘Trademarks'. This Section contains seven articles, from Article 15 to Article 21, and deals with the protection that Members have to make available for trademarks.
This section has to be read, like other sections in Part II of the TRIPS Agreement that cover standards of IPRs, together with the relevant provisions of pre-existing treaties in the area of international IP law which are incorporated by reference into the TRIPS Agreement. In the case of trademarks, the relevant treaty is the Paris Convention. The relationship between the TRIPS Agreement and the Paris Convention is explained below (see section A3 below).
This chapter will also have to be read in conjunction with other relevant provisions of the TRIPS Agreement that are explained in other chapters.Wherever appropriate, cross-references are made to other chapters.
As seen in Chapter I, the TRIPS Agreement stipulates the minimum level of protection that Members have to provide to nationals from other Members. In other words, they determine the obligations that Members have vis-à-vis each other. Given the long history of international cooperation on IP matters, the national laws in this area are often fairly similar. However, as is the case for all IPRs, to establish how the law applies in any concrete practical situation, the applicable national law will have to be consulted.
- Type
- Chapter
- Information
- A Handbook on the WTO TRIPS Agreement , pp. 54 - 75Publisher: Cambridge University PressPrint publication year: 2012