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THE AGREEMENT ON

TRADE-RELATED ASPECTS
OF INTELLECTUAL
PROPERTY RIGHTS

GUSTI KARINA SARASWATI


2017
1945 1947 1973-1979
WORLD WAR II GATT 1947 7TH ROUND : TOKYO ROUND
PEREKONOMIAN DUNIA YANG MULAI MEMBAHAS MENGENAI NON-
HANCUR PASCA PERANG DUNIA II TARIF DAN IMPORTATION OF
COUNTERFEIT GOODS

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1986-1994 1995 2000 & 2006
8TH ROUND : URUGUAY ROUND ANNEX 1C : TRIPs MASA PERALIHAN
TIMBUL KESEPAKATAN MENGENAI ENTRY INTO FORCE ON 1 JANUARY MASA PERALIHAN UNTUK
PENTINGNYA IPR DALAM 1995 DEVELOPING COUNTRIES DAN
PERDAGANGAN DAN LEAST-DEVELOPED COUNTRIES
MENANDATANGANI AGREEMENT
ESTABLISHING THE WORLD TRADE AGREEMENT BETWEEN THE WIPO
ORGANIZATION (WTO AGREEMENT) AND THE WTO

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INDONESIA
MENJADI ANGGOTA DAN SECARA SAH IKUT SERTA DALAM TRIPS
MELALUI RATIFIKASI WTO AGREEMENT DENGAN

UNDANG-UNDANG NO 7
TAHUN 1994
TRIPs
PART I PART II PART III
GENERAL PROVISION AND BASIC STANDARD CONCERNING THE AVAILABILITY, ENFORCEMENT OF INTELLECTUAL
PRINCIPLES SCOPE, AND USE OF INTELLECTUAL PROPERTY RIGHTS
PROPERTY RIGHTS
2. TRADEMARKS

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PART IV
ACQUISITION AND MAINTENANCE OF INTELLECTUAL
PROPERTY RIGHTS AND RELATED INTER-PARTES PROCEDURE

PART V
DISPUTE PREVENTION AND SETTLEMENT

TRIPs PART VI
TRANSITIONAL ARRANGEMENTS

PART VII

INSTITUTIONAL ARRANGEMENTS ; FINAL PROVISION

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THE GOALS OF TRIPs
1. TO REDUCE DISTORTIONS AND IMPEDIMENTS TO INTERNATIONAL TRADE

2. THE NEED TO PROMOTE EFFECTIVE AND ADEQUATE PROTECTION OF INTELECTUAL PROPERTY RIGHTS

3. TO ENSURE THAT MEASURES AND PROCEDURES TO ENFORCE IPR DO NOT THEMSELVES BECOME BARRIES TO LEGITIMATE TRADE

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01 STANDAR MINIMUM

02
BASIC
NATIONAL TREATMENT

PRINCIPLE 03 MOST-FAVOURED NATION (MFN)

04 ALIH TEKNOLOGI

05 KESEHATAN MASYARAKAT DAN KEPENTINGAN PUBLIK YANG LAIN

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A SIGN, OR ANY COMBINATION
KEYWORD 1
TRADEMARKS OF SIGNS

USED TO DISTINGUISH THE GOODS


KEYWORD 2 AND SERVICES OF ONE ENTERPRISE
FROM THOSE OF ANOTHER
Any sign, or any combination of signs, capable of
distinguishing the goods or services of one
undertaking from those of other undertakings, shall SHALL BE CAPABLE OF
be capable of constituting a trademark. Such signs,
in particular words including personal names, letters,
KEYWORD 3
CONSTITUTING A TRADEMARK
numerals, figurative elements and combinations of
colours as well as any combination of such signs,
shall be eligible for registration as trademarks. Where THESE SIGN COULD BE WORDS, INCLUDING
signs are not inherently capable of distinguishing the PERSONAL NAMES, LETTERS, NUMERALS,

relevant goods or services, Members may make KEYWORD 4 FIGURATIVE ELEMENTS AND COMBINATIONS OF

registrability depend on distinctiveness acquired


COLOURS, AS WELL AS ANY COMBINATIONS OF

through use. Members may require, as a condition of


SIGNS

registration, that signs be visually perceptible.

KEYWORD 5
THAT SIGNS CAN BE VISUALLY PERCEPTIBLE TO
REGISTERED AS TRADEMARKS

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ART. 15 TRIPs
15.2 15.4
Paragraph 1 shall not be understood to prevent The nature of the goods or services to which a
a Member from denying registration of a trademark is to be applied shall in no case form
trademark on other grounds, provided that they an obstacle to registration of the trademark.
do not derogate from the provisions of the Paris
Convention (1967).

15.3 15.5
Members may make registrability depend on use. The nature of the goods or services to which a
However, actual use of a trademark shall not be a trademark is to be applied shall in no case form
condition for filing an application for registration. an obstacle to registration of the trademark.
An application shall not be refused solely on the
ground that intended use has not taken place
before the expiry of a period of three years from
the date of application

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TRADE MARK RIGHTS
ART 16.1

HAVE AN ESCLUSIVE RIGHT TO PREVENT

FROM USING IN THE COURSE OF TRADE

WHERE SUCH USE WOULD RESULT IN THE LIKELIHOOD OF


CONFUSION

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WELL-KNOWN
TRADEMARKS
ART 16.2 EXTENDS PROTECTION IN ART 6 BIS PARIS CONV TO
WELL-KNOWN SERVICE MARK

ART 16. 3 EXTENDS PROTECTION IN ART 6 BIS PARIS CONV TO


PROTECTION AGAINTS USE OF THE MARK ON NON-
SIMILAR GOODS OR SERVICES

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EXCEPTIONS
LIMITED
TAKE ACCOUNT OF THE LEGITIMATE

ART 17` INTEREST OF THE OWNER OF THE


TRADEMARK AND THOSE OF THIRD PARTIES

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ART 18
TERM OF NO LESS THAN 7 YEARS

TERM OF
REGISTRATION OF A TRADEMARK MUST BE RENEWABLE
INDEFINITELY

PROTECTION ART 19
ACTUAL USE
YEARS OF NON USE
UNINTERRUPTED PERIOD OF 3

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LINCENSING AND ASSIGNMENT
COMPULSORY LICENSE OF TRADEMARK = SHALL NOT BE PERMITTED

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TRADEMARK & GEOGRAPHICAL
INDICATIONS
01
IT IS A SIGN 02
FUNCTION OF INDENTIFICATION

GEOGRAPHICAL INDICATIONS

03
QUALITY, REPUTATION OR OTHER
REPUTATION
04 SUBJECT MATTER OF
INDENTIFICATION

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