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International Copyright: Principles, Law, and Practice

By Paul Goldstein | Go to book overview

A24.
NORTH AMERICAN FREE TRADE AGREEMENT,
INTELLECTUAL PROPERTY PROVISIONS
[Done at Washington, December 8, 17, 1992; at Ottawa, December 11, 17, 1992; at Mexico City, December 14, 17, 1992]Part Six: Intellectual PropertyChapter Seventeen
ARTICLE 1701
NATURE AND SCOPE OF OBLIGATIONS
1. Each Party shall provide in its territory to the nationals of another Party adequate and effective protection and enforcement of intellectual property rights, while ensuring that measures to enforce intellectual property rights do not themselves become barriers to legitimate trade.
2. To provide adequate and effective protection and enforcement of intellectual property rights, each Party shall, at a minimum, give effect to this Chapter and to the substantive provisions of:
a. the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms, 1971 (Geneva Convention);
b. the Berne Convention for the Protection of Literary and Artistic Works, 1971 (Berne Convention);
c. the Paris Convention for the Protection of Industrial Property, 1967 (Paris Convention); and
d. the International Convention for the Protection of New Varieties of Plants, 1978 (UPOV Convention), or the International Convention for the Protection of New Varieties of Plants, 1991 (UPOV Convention). If a Party has not acceded to the specified text of any such Conventions on or before the date of entry into force of this Agreement, it shall make every effort to accede.
3. Annex 1701.3 applies to the Parties specified in that Annex.

ARTICLE 1702
MORE EXTENSIVE PROTECTION

A Party may implement in its domestic law more extensive protection of intellectual property rights than is required under this Agreement, provided that such protection is not inconsistent with this Agreement.

-518-

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