In accordance with the provisions of Article 6(2) of the Rome Con vention as incorporated nto the TRIPS Agreement, 8 Member may ecare that ie wil protect broadcasts ony both relevant candions are mete. that the headquarters of the brosdcstingeranization ate situated in another Member andthe broaden was tenet fo + ‘uansmiter stated in the same Member 4 National rear and wee Sovoured-nation treatment ‘A ley principle in the WTO that of to disciminaton, I applies to ‘tad in goods aden services and IPR Ia two componetis: ational tucstment, and ros-avoured-nation (MEN) texte sega IPRS the frarental rules on national and MEN teatmen of frcign nationals ‘an be found in Arties 3t0 8 ofthe TRIPS Agreement, These ales re omamor to ll ctegoris of covered by the Agreement. These obliga Yions cover not only the substantive standards of protection but also matters affecting the aalabilty, acquisition, scape, maintenance and ‘enforcement of IPRS aswell as those matter afetng the ute of IPRS specifically addressed inthe Agreement. While the national testment slause forbids discimination between + Member's awn nationals nd the tational of eter Members the MEN treatment clue forbid disci ination bcween the national of ether Members Artic 3 ofthe TRIPS Agrement on national treatment requires etch ‘Member to accord othe nationals of oder Members reste es favourable than tht it accords to is own national wth eegard fo the protection of I. With respect 16 the national treatment obligation, the ‘exceptions allowed under the four preexiing WIPO tetie (Paris, Bern, Rome and IPC) are ako allowed under TRIPS, ‘An important exception to national westent i the so-called “com: patbon of terms for copyeight protection allowed under Article 718) of| {he Berne Convention as incorporated into the TRIPS Agreement. I Member provides aterm of protection in excess ofthe minimum tery required by the THUPS Agreement, it dows not need to protect # work fora duration that exceds the term fein the county of origin ofthat work. tn other words the additional term ean be made avalble to foreigners onthe bss of ‘material reap For exaplf Meer A roads its own nationals with a copyright em of sve yar instead of ily yeas as requis by Arie 12 of the TRIPS Agreement, we Menter provides for fity years Member A need not protec works rm emer B for more than By yeu, ‘With pet pene, producer of phonograms (sound recor ing ath at CD» sed rondaigorgmietions te natoal este, ‘Dla spp only with rape tosis proidd under the TRIPS Sigeane Theron theoblipton condo prtction provid ‘ihe agement, an does ot cover ter igs thi oles ote tery fae under domes les or ter eration agreements "Exeplons canbe alowed oe salina estmen Principle fr Jada nd sdmiisave proces = for istace,foegn spans {or protection maybe rogue to provide an addr for eer o Tel get in tha juin. But Ate 32 othe agreement equ that such exceptions be neenry tcc comple wth lo nd tegltion whihare oortent wth he TRIPS Agree ad tht uch tos note aplied ws toconie dpsed eion one wile the preseiting multe TP conventions so grovide for ational estment they do nat contin olgtions on MEN ester. Intbse conventions national ements an arose toad ag ton with eely minor ceptions Gren ht he ame tester is tobe piven to national of other convention mers at a members tren atonal wood normaly flow tht he sae eaten would ‘tien othe nationale of ech ofthe other members. This ses ie ‘pe for dissin ewer te national of eter members of toe Scmentons Howeve, ring the TRIPS notation suggestions for the ncportion of an MEN provion nt the Aperen ere mae Soe some counted aed fo he, aa Uo ike neat ‘ns, more favurble proton to IPRs of the atonal of oe oF trove ft tating parr tha they ge oth owns A tau MEN weatnet was neorporated it the Ape ‘rte 4 on MEN teen ers hat th gud wo he protection cf any avatar pee oe unity rte = Member {othe atonal of any other Member sll be scored medtly ‘a unconditional tothe ratios ofl other Members For example ‘Member A deci to ecogiae and efor the patents granted Member B frm seria dt nthe pst especie of wher the Invention covered met the nove eeron oe ot Member A must (Mend the se abatge to mana ofthe Mentor Where exceptions fo aoa festnent sow mate repost, 2 comeyieal acption 0 MEN tenets permed under AL) td 40) Limited xpos o MEW ares slowed under Arie St) cencemlag iteration aecments on dl mance oF le freemen ofa gener ate" Furthermore, Atle 4(@) exempts from this obligation advantages Aciving fiom international agreements related tthe protection of IP that entered into force prior tothe entry into force ofthe WTO “Avstnent, ie before 1 Jantacy 1995, This subject to the eondtons ‘at such agreements are poe to the Council fr TRIPS and do not ‘onsite an arbiary or unjusifble dctimination agaist nationals of otber Members. On the ether hand, there no such exemption for -nbvantges desving ftom interationslaprements that entall higher standards than required by the TRIPS Agreement thst ene into force sfir I January 1995~ his meas that any sch high standard mast be ‘vale to nsionas of ll WTO Members in addition, Atle 5 ofthe TRIPS Agreement provides that national nd MFW treatment obligations donot apply to procedures provided in mulUlateral arements coneluded uncer the auspices of WIPO vlting {o the acquisition or maintenance of IPRs. This Arce recognises ‘hat certain WIPO agreement, such a the Plent Cooperation Tet, the Madrid Agreement Concerning the Internationa! Reistion of Marks and he Protocol to that Agrement snd the Hague Agreement Goneeing the International Registeation of Industrial Designs, provide fa sytem of international appeations only open to persons tha are ‘nationals or resident of signatory counties or have el and fctve industrial or commercial establishment in thoe countries, The excep tim in this Arle only apples in respec of procedures rating Yo the acquisition and maintenance of rights not tthe satantve stands Of protection themseles. The exception contined in Article 5 Dot limited to pr-eitng WIPO agrements. 5 Exhaustion The em ‘exhaustion’ refers to the generally accepted principle in IP aw that aright owners exsve right to control the distibution of a rotected tem apes after the fst act of distribution. In many coun {ees once the item has Been pt onthe market by or with he consent of the right owney, the exclusive distribution right Is eahastd” (which i ‘why the principle is refered to in some juritions asthe st sale oct’) and farther ctcalatin of that itm can no longer be com trolled bythe ight holder In simple terms exhastion describes he rk that once one bas legtimatly obtained an tern incorporating protected Wor instance a eopyright protected DVD or patented mobi phone, ‘one is then ef ure sll rans or atherwse debut it without farther authorization fom the right holder This eatilement does a of rset nyo exasive righs the rh older may eno or {Simple the ight to athonze stn sch st eprogution or com Shmcition tthe poble~ the cnttement to dtu» itty ruched CD dots notin tu extend vo an etement fo make Eproaction or pube performances othe record ens Tie i is generaly accep that IPRs sve existed within the jvc where the Set le ook place, are sh ight exhausted When the fists tks place outside the jusicion in question? The {ero this depends om wheter a county spies eine of ation {rimermaooaleaunion sad thereby prownts or tows socalled ‘Full impotntion’ ‘atonal etalon msans that sight ownen’ distribution rights auc ony considered exhnsted once they pt the pote le othe Dee nha couny, Dstcbuton rights would not be considered ‘Sino with reed protest wee only puto the male ‘2 dnother county so that phtolders canst ont the saleor import tanh tere int the fet country. For cample in coir Wik 2 ‘tion eakeston regime, for copyright and elt igh ight olds {Sn prevent he importation into tat country of DVDs tat they have {oldia other counter Thos, paral! import of prods sald on ‘her market aegis county wis national exhustionteime tn contest cout haan iterntonl exusin ein, hs sans thatthe sight overs dri ight in that country ex ‘hed egal of where theft acto isibucon took pce. Thus ‘ht hoe cannot ae IPRs to prevertthe portation and le DVDs that they have ol in anther county. Terre, a counts sha international xin regime for copyright and etd ih, Parl imports ate lea. courtey ma. principe adopt erent ‘Bhauton eines or dierent categories of PR hte oc par a ar prs a not oun feito pirsted goods, bt genuine orignal prot that have been sl inother counties wth the suthonsaton of thigh belle they donot Intinge IRs inthe county of ongn. ‘An aerate approach kent some fie trade aves (FTA) of costs union, nanlyvepoaexhaatns in the ee he ight toler IPRs are exh once te ft aks lace anywhere sith the spetid reo. 1 ly nd Ot ain ain fs a segmentation at wll diferente pricing, product dieetaton sod Siler ree ates, wheter eration easton fates pall imponavon of th sin rodat id st wer pie in ber cui