Page 385 - Regional Comprehensive Economic Partnership (RCEP)

Article 11.24: Exceptions been registered in that Party or in another jurisdiction, included on
a list of well-known trademarks, or given prior recognition as a
A Party may provide limited exceptions to the rights conferred by a well-known trademark.
trademark, such as fair use of descriptive terms, provided that such
exceptions take account of the legitimate interests of the owner of the
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trademark and of third parties. Article 11.27: Bad Faith Trademarks

Each Party shall provide that its competent authority has the authority to
Article 11.25: Protection of Trademarks that Predate Geographical refuse an application or cancel a registration where the application to
Indications register the trademark was made in bad faith in accordance with its laws
and regulations.
Each Party shall protect trademarks where they predate, in its
jurisdiction, geographical indications, in accordance with the TRIPS
Agreement. Article 11.28: One and the Same Application Relating to Several
Goods or Services

Article 11.26: Protection of Well-Known Trademarks Each Party shall provide that one and the same application for
registration of a trademark may relate to several goods or services, or
1. Each Party shall provide for appropriate measures to refuse or any combination thereof, irrespective of whether they belong to one
cancel the registration, and to prohibit the use, of a trademark class or to several classes of the Nice Classification.
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that is identical or similar to a well-known trademark 19, 20 for
identical or similar goods or services, if the use of that trademark
is likely to cause confusion with the prior well-known trademark. SECTION D
GEOGRAPHICAL INDICATIONS
2. Each Party recognises the importance of the Joint
Recommendation Concerning Provisions on the Protection of
Well-Known Marks as adopted by the Assembly of the Paris Article 11.29: Protection of Geographical Indications
Union for the Protection of Industrial Property and the General
Assembly of WIPO at the Thirty-Fourth Series of Meetings of the Each Party shall ensure in its laws and regulations adequate and
Assemblies of the Member States of WIPO, 20 to 29 September effective means to protect geographical indications. Each Party
1999. recognises that such protection may be provided through a trademark
system, a sui generis system, or other legal means, provided that all
3. No Party shall require, as a condition for determining that a requirements under the TRIPS Agreement are fulfilled.
trademark is a well-known trademark, that the trademark has

18 For greater certainty, a Party may comply with the obligation to provide for Article 11.30: Domestic Administrative Procedures for the
appropriate measures to prohibit the use of the trademark that is identical or similar to Protection of Geographical Indications
a well-known trademark under this paragraph by providing its judicial authorities with
the authority to prohibit the use of such a trademark. 1. If a Party provides domestic administrative procedures for the
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19 For the purposes of this paragraph, a Party may treat “a reproduction, an imitation, protection of geographical indications, whether through a
or a translation of a well-known trademark” as “identical or similar to a well-known
trademark”. 21 For the purposes of this Article, the competent authority of a Party may take into
consideration whether the trademark is identical or similar to a well-known trademark
20 The Parties understand that a well-known trademark is one that was already well- of another person.
known before, as determined by a Party, the application for, registration of, or use of
the first-mentioned trademark. 22 For the purposes of this Article, “administrative procedures” include quasi-judicial
procedures.

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