国际商法CHAPTER9.pptVIP

9-31 Usage Requirement Many countries require the trademark holder to present proof, upon the renewal of registration, that the mark was actually used during the prior term. Some require interim proof: Mexico at the end of the third year; US at the end of the sixth year. Under TRIPS, there must have been a nonuse of three years before the trademark can be challenged. Some states require challenger to show intentional abandonment by the owner. 9-32 Know-How Know-how is practical expertise acquired from study, training, and experience. Though not normally protected by statute, know-how, or trade secrets, are often protected by contract, tort, and other areas of law. TRIPS requires WTO members to protect what it calls “undisclosed information.” To be protected, the information must be secret, have commercial value because it is secret, have been reasonably protected from disclosure. 9-33 World Intellectual Property Organization (WIPO) Created in 1967 with the adoption of the Stockholm Convention. Responsible for administering the Paris and Berne Conventions and promoting intellectual property rights. Governing body is General Assembly, made up of representatives of 184 parties to Stockholm Convention. Is a specialized agency of the UN. Sponsors conferences for development of new IP rights agreements. Facilitates the transfer of technology among developing countries and provides arbitration. 9-34 Council for Trade-Related Aspects of Intellectual Property Rights Organ of the WTO responsible for the administering the TRIPS Agreement. Responsible for monitoring compliance of TRIPS by members and helping members consult with each other on intellectual property rights. Assists members in settling disputes. Consults with the WIPO. 9-35 Intellectual Property Treaties:TRIPS Multilateral treaties regulate most matters relating to intellectual property rights. TRIPS Agreement is an annex to the agreement establishing the WTO. All WTO members are automatically membe