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Bacardi (B)
Appleyard, Melissa M. Case BP-0452 / Published August 23, 2002
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Product Overview

A World Trade Organization (WTO) panel on August 6, 2001 ruled that paragraph (a) (2) of Section 211 violated Article 42 of the Trade Related Aspects of Intellectual Property Rights (TRIPS), by denying certain trademark holders access to civil judicial procedures in disputes over intellectual property used in connection with confiscated property. However, the ruling went on to state that TRIPS did not cover trade names. Because the remaining paragraphs of Section 211 referred to trade names specifically, the WTO rules under TRIPS were not applicable to the remaining paragraphs of Section 211.




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  • Overview

    A World Trade Organization (WTO) panel on August 6, 2001 ruled that paragraph (a) (2) of Section 211 violated Article 42 of the Trade Related Aspects of Intellectual Property Rights (TRIPS), by denying certain trademark holders access to civil judicial procedures in disputes over intellectual property used in connection with confiscated property. However, the ruling went on to state that TRIPS did not cover trade names. Because the remaining paragraphs of Section 211 referred to trade names specifically, the WTO rules under TRIPS were not applicable to the remaining paragraphs of Section 211.

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