Trips Agreement Article 16

(a) arising from international agreements on mutual legal assistance or general criminal prosecutions and which are not particularly limited to the protection of intellectual property; (d) international intellectual property protection agreements that came into force prior to the ENTRY into force of the WTO agreement, provided that these agreements are notified to the Travel Council and do not constitute arbitrary or unjustified discrimination against nationals of other members. The obligations under Articles 3 and 4 do not apply to procedures under WIPO-led multilateral agreements on the acquisition or maintenance of intellectual property rights. 1. Any sign or combination of signs that may distinguish a company`s goods or services from those of other businesses must be likely to constitute a trademark. Such signs, especially words such as people`s names, letters, numbers, image elements and colour combinations, as well as any combination of these signs, are allowed to be registered as trademarks. If the signs are not inherently likely to distinguish the goods or services in question, members may subordinate the registration capacity to the distinctiveness acquired by the use. Members may require that the characters be visually perceptible as a recording condition. 1. Members are implementing the provisions of this agreement. Members may, but are not required to, implement in their legislation a broader protection than is provided by this agreement, unless that protection is contrary to the provisions of the agreement. Members are free to define the appropriate method for implementing the provisions of this agreement in their own legal and practical order. 3.

Broadcasters have the right to prohibit the following acts if they are carried out without their permission: fixing, reproducing bindings and broadcasting wirelessly, as well as communicating television programmes to the public. If members do not grant these rights to broadcasters, they give copyright holders in the subject of the broadcasts the opportunity to prevent the above acts, subject to the provisions of the Berne Convention (1971). 3. Members grant the treatment of other members to nationals of other members under this agreement. 1. With regard to relevant intellectual property law, nationals of other members are considered to be natural or legal persons who would meet the protection criteria provided by the Paris Convention (1967), the Bern Convention (1971), the Rome Convention and the Intellectual Property Treaty, taking into account the integrated channels, all WTO members.