Trade Secrets Trips Agreement

The Paris Agreement on the Protection of Industrial Property (Paris Agreement), managed by WIPO, deals in part with the protection of trade secrets, as does the World Trade Organization (WTO) agreement on aspects of intellectual property rights that affect trade (TRIPS agreement). Members can make the recording capacity of the use dependent. However, the actual use of a trademark cannot be considered a precondition for filing a registration application and, after that filing date, it must be at least three years before non-compliance with an intention to use is allowed as a reason for rejecting the application (Article 14.3). The registration of a trademark using a geographical indication in a manner that misleads the public about the true place of origin must be refused or cancelled automatically if the legislation authorizes it or at the request of an interested party (Article 22.3). U.S. software company Tiatros Inc. protects its know-how and trade secrets to ensure its competitiveness. The TRIPS agreement contains certain provisions relating to known trademarks that complement the protection required by Article 6 bis bis of the Paris Convention, which was incorporated by reference to the TRIPS agreement and which requires members to refuse or cancel registration and prohibit the use of a trademark that conflicts with a known trademark. First, the provisions of this section also apply to services. Second, it is necessary to take into account the knowledge acquired in the relevant field of the public, not only through the use of the mark, but also through other means, including as a result of its promotion. In addition, the protection of known trademarks must cover products or services that are not similar to those for which the trademark has been registered, provided that their use indicates a link between those products or services and the owner of the registered trademark and that the interests of the licensee could be affected by such use (Article 16.2 and 3). The removal of a trademark for non-use cannot take place before the expiry of a three-year period of uninterrupted non-use, unless the trademark holder has good reason to prevent it. Circumstances beyond the control of the trademark holder, such as import restrictions or other state restrictions, are recognized as valid grounds for non-use.

The use of a trademark by another person subject to the control of its owner must be recognized as the use of the trademark for the purpose of maintaining registration (Article 19). Members may provide limited exceptions to trademark rights, such as fair use of descriptive terms. B, provided that these exceptions take into account the legitimate interests of the trademark holder and third parties (Article 17). The introduction of temporary protection of industrial property rights against the granting of protection is one example of raising the level of protection; Extending the patent term to compensate for delays in granting product marketing authorization; or extending the scope of patentability and/or trademark registration beyond the minimum requirements set out in Articles 27 and 15 of the TRIPS agreement. In general, to be considered a trade secret, the information must be as follows: the holder of a registered trademark must be granted the exclusive right to prevent all third parties who do not have the licensee`s consent from using identical or similar signs during trade for products or services identical or similar to those for which the trademark is registered if such use causes a risk of confusion.

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