Page:United States Statutes at Large Volume 115 Part 3.djvu/646

 115 STAT. 2720 PROCLAMATION 7449-JUNE 8, 2001 9. Each Party shaD require the use of a trademark (o maintain a legistntion The registration may be canceled for the reason of non-use only after an uointenupCed period of at least three years of non-use, unless valid reasons based on the existence of obstacles to such use are shown bythe trademark owiier The law shall recognize, as valid reasons for nonuse, droimstances arising indqiendently of the will ofthetrademark owner that constitute an obstacleto the use of the trademark, such as onpott restrictions oo, or other government requirements for. goods or services identified by the trademark. iO. Each Party shall recognize the use of a trademark by a person other than the tradenuulc owner, where such use is subfect to the owner's contiol, as use of the trademark for purposes of maintaimng the registration. II. Neither Party may encumber the use ofa trademark in commerce byspecial requirements, such as a use that reduces the trademark's function as an indication of source or a use with another trademark. 12 A Party may determine conditions on the licensing and assignment oftrademarks, it being understood that the compulsory licensing oftrademarks shall not bepermitted'. The owner ofa registered trademark shall have the right to assign its trademark with or without the transfa of the business to which the trademark belongs However, a Patty may require a transfer of goodwill in a mark as part ofa valid transfer of the mark 13. A Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take into account the legitimate interests of the trademark owner and of other persons M A Party may refiise to register trademarks that consist of or comprise immoral,deceptive or scandalous matter, or matter that may disparage or ftlsely suggest a connection with persons, living or dead, institutions, beliefs or a Party's national symbols, or bringthem into contempt or disrepute. Eadi Party shall prohibit the registration as a trademark of words that genetically designate goods or services or types of goods or services to which the trademark applies Article 7 Patents 1. Subject to the provision of paragraph 2 of this Article, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that such invention is new, resulted from an inventive step and is capable of industrial application For purposes of this Article, a Party may deem the tertns 'inventive step' and 'capable of industrial application" to be synonymous with the tertni "flam ebviaut" and 'uscfiil*, respectively %y

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