Common use of Intellectual Property Right Clause in Contracts

Intellectual Property Right. The Agreement includes a comprehensive chapter covering all the main Intellectual Property Rights (IPR) outcome including on geographical indications and ensure high standards of protection and enforcement beyond TRIPS rules. The provisions on copyright and related rights cover all the rights protected by the EU acquis, including resale rights, and mirror the high EU standard as regards the term of protection. The trademark provisions include the important commitment to the Madrid Protocol and the Nice Agreement and follow the new EU approach on the possibility of seizing goods in transit. The IPR chapter further copies the EU definition of industrial designs including complex designs and the term of protection of registered designs of up to 25 years. As regards pharmaceutical and plant protection patents, the IPR chapter contains both the possibility of compensation for unreasonable delays in the marketing authorization process and provisions on the data protection terms in this regard. Plant varieties are protected in line with the latest international standards. The IPR chapter integrates the most significant parts of the recently established EU acquis in relation to the scope of protection of trade secrets and the procedural rules applicable in this regard. The IPR chapter further includes a detailed section on civil and administrative enforcement, which in particular provides for the availability of provisional and precautionary measures and remedies. A dedicated text on border enforcement ensures the active involvement of customs authorities in targeting and identifying IPR infringements with respect to all goods under customs control. Customs authorities shall hereby be supported by a central database and may act upon their own initiative to suspend the release of or detain suspect goods. The IPR chapter goes well beyond the existing agreement with Mexico, which basically only makes reference to international obligations. The added value for Europe's IPR- intensive industry and IPR owners is therefore significant. The Section contains provision for the reciprocal protection of a selected list of Geographical Indications (GIs) of the EU and Mexico. In the case of the European Union 340 names for foodstuffs, wines and beers will be protected. This is on top of the already existing protection for EU spirits GIs protected through the 1997 EU/Mexico Spirit Agreement. The Spirits Agreement will also be incorporated into new agreement.