Exceptions to the Sample Clauses

Exceptions to the rights conferred by a trademark

Exceptions to the rights conferred by a trademark 1. Each Party shall provide for limited exceptions to the rights conferred by a trademark such as the fair use of descriptive terms including geographical indications, and they may provide other limited exceptions, provided such exceptions take account of the legitimate interests of the proprietor of the trademark and of third parties. 2. The trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade: (a) his own name or address; (b) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services; (c) the trademark where it is necessary to indicate the intended purpose of a good or service, in particular as accessories or spare parts; provided he uses them in accordance with honest practices in industrial or commercial matters. 3. The trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognised by the laws of the Party in question and within the limits of the territory in which it is recognised.

Exceptions to the obligation to provide assistance 1. Assistance may be refused or may be subject to certain conditions or requirements, in cases where a Contracting Party is of the opinion that assistance under this Agreement would: (a) be likely to prejudice the sovereignty of Turkey or that of a Member State of the Community which has been requested to provide assistance under this Agreement, or (b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 5(2), or (c) violate an industrial, commercial or professional secret. 2. Assistance may be postponed by the requested authority on the grounds that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require. 3. Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request. 4. For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons therefor must be communicated to the applicant authority without delay.

Exceptions to the rights conferred by a trademark 1. Having examined the Agricultural Products Quality Control Act, with its implementing rules, in so far as it relates to the registration, control and protection of geographical indications for agricultural products and foodstuffs in Korea, the European Union concludes that this legislation meets the elements laid down in paragraph 6. 2. Having examined Council Regulation (EC) No 510/2006, with its implementing rules, for the registration, control and protection of geographical indications of agricultural products and foodstuffs in the European Union, and Council Regulation (EC) No 1234/2007 on the common organisation of the market in wine, Korea concludes that this legislation meets the elements laid down in paragraph 6. Korea shall fully implement the obligations of Articles 10.6 and

Exceptions to the obligation to provide assistance

Exceptions to the obligation to provide assistance 1. Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party or the EAC Partner States as the case may be concerned is of the opinion that assistance under this Protocol would: (a) be likely to prejudice the sovereignty of a EAC State or that of a Member State of the European Community which has been requested to provide assistance under this Protocol; or (b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or (c) violate an industrial, commercial or professional secret. 2. Assistance may be postponed by the Requested Authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the Requested Authority shall consult with the Applicant Authority to determine if assistance can be given subject to such terms or conditions as the Requested Authority may require. 3. Where the Applicant Authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the Requested Authority to decide how to respond to such a request. 4. For the cases referred to in paragraphs 1 and 2, the decision of the Requested Authority and the reasons must be communicated to the Applicant Authority without delay.

Exceptions to the obligation to provide assistance (a) be likely to prejudice the sovereignty of Turkey or that of a Member State of the Community which has been requested to provide assistance under this Agreement, or (b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 5(2), or (c) violate an industrial, commercial or professional secret.

Exceptions to the. Regulations