In the GATT negotiations, the unauthorized use of «confidential» information belonging to third parties was considered an unfair practice. On the basis of such an allegation, Article 39 of the TRIPS Agreement provides that undisclosed information, which is often considered synonymous with trade secrets, may be protected in accordance with Article 10bis of the Paris Agreement. It is also necessary that the use of the mark in commercial transactions is not unduly burdened by special requirements, . B such as use with another trade mark, use in a special form or use prejudicial to its ability to distinguish goods or services (Article 20). Articles 3, 4 and 5 define the basic rules of national and most favoured treatment of aliens, common to all categories of intellectual property covered by the Convention. These obligations include not only substantive standards of protection, but also issues relating to the availability, acquisition, scope, maintenance and enforcement of intellectual property rights, as well as issues relating to the use of intellectual property rights specifically addressed in the Agreement. While the domestic treatment clause prohibits discrimination between nationals of one Member and nationals of other Members, the most-favoured-nation clause prohibits discrimination between nationals of other Members. With regard to the internal processing obligation, exceptions permitted under existing WIPO intellectual property conventions are also permitted under the TRIPS Agreement. If these exceptions allow for substantial reciprocity, a subsequent exception to the most domination treatment is also permitted (p.

ex. Comparison of the conditions for copyright protection beyond the minimum period required by the TRIPS Agreement pursuant to Article 7(8) of the Berne Convention, as incorporated into the TRIPS Agreement). Certain other exceptions limited to the most important obligation are also provided. Article 24 contains a number of exceptions to the protection of geographical indications. These derogations are particularly important for the additional protection of geographical indications for wines and spirit drinks. For example, Members are not required to protect a geographical indication if it has become a generic term for the description of the product concerned (paragraph 6). Measures implementing these provisions shall not affect earlier trade mark rights acquired in good faith (paragraph 5). In certain circumstances, the continued use of a geographical indication for wines or spirit drinks may be permitted to the extent and manner in which they have occurred before (paragraph 4). Members making use of these exceptions must be prepared to enter into negotiations on their subsequent application to individual geographical indications (paragraph 1). Exceptions cannot be used to affect the protection of geographical indications existing before the entry into force of the TRIPS Agreement (paragraph 3). The TRIPS Council continuously reviews the application of the provisions on the protection of geographical indications (paragraph 2).

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