Hasil (
Bahasa Indonesia) 1:
[Salinan]Disalin!
The Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS, came into
force in 1995. It sets minimum standards for intellectual property protection for all Members,including on patents. Least developed country (LDC) members are still in a transition period,but all other members are by now supposed to have implemented the agreement fully. The provisions for CLs were among the most contested in the TRIPS negotiations.17 The resulting Article 31 does not define a CL, nor does it specify when CLs may be granted. Instead, it sets out the procedures that must be followed and some terms that must be fulfilled.
The CL shall be considered on its individual merits, be subject to independent legal reviewand the scope and duration shall be limited to the purpose for which it was granted. The patent holder is entitled to adequate remuneration. Before seeking a CL, the licensee must negotiate with the patent holder and ask for a voluntary license on reasonable commercial terms. This requirement may be waived in cases of national emergency, other circumstances of extreme urgency, public non-commercial use or remedies to anti-competitive practices. Even in these cases the patent holder must be notified. Also, the CL shall be predominantly for the supply of the domestic market (31f). This is the requirement that was amended through the Decision
Sedang diterjemahkan, harap tunggu..
