Dutch Legislation

Title 2

in force

CIVIL AND ADMINISTRATIVE PROCEDURES AND CORRECTIVE MEASURES

TRIPS Agreement — trade-related aspects of intellectual property (TRIPs-Overeenkomst (Bijlage 1C WTO)) · Articles: 15

Section None

CIVIL AND ADMINISTRATIVE PROCEDURES AND CORRECTIVE MEASURES

15 Article 15

Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be…

16 Article 16

The owner of a registered trademark shall have the exclusive right to prevent all third parties not having the owner's consent from using in the…

17 Article 17

Members may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions…

18 Article 18

Initial registration, and each renewal of registration, of a trademark shall be for a term of no less than seven years. The registration of a…

19 Article 19

If use is required to maintain a registration, the registration may be cancelled only after an uninterrupted period of at least three years of…

20 Article 20

The use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements, such as use with another trademark, use…

21 Article 21

Members may determine conditions on the licensing and assignment of trademarks, it being understood that the compulsory licensing of trademarks shall…

42 Article 42

Members shall make available to right holders1) For the purpose of this Part, the term "right holder" includes federations and associations having…

43 Article 43

The judicial authorities shall have the authority, where a party has presented reasonably available evidence sufficient to support its claims and has…

44 Article 44

The judicial authorities shall have the authority to order a party to desist from an infringement, inter alia to prevent the entry into the channels…

45 Article 45

The judicial authorities shall have the authority to order the infringer to pay the right holder damages adequate to compensate for the injury the…

46 Article 46

In order to create an effective deterrent to infringement, the judicial authorities shall have the authority to order that goods that they have found…

47 Article 47

Members may provide that the judicial authorities shall have the authority, unless this would be out of proportion to the seriousness of the…

48 Article 48

The judicial authorities shall have the authority to order a party at whose request measures were taken and who has abused enforcement procedures to…

49 Article 49

To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to…