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Article 40

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Chapter Summary

Members agree that some licensing practices or conditions pertaining to intellectual property rights which restrain competition may have adverse effects on trade and may impede the transfer and dissemination of technology. The obligations to cooperate pursuant to Article 40.3 and Article 40.4 only determine rights and obligations of the Members against each other rather than establishing rights of individuals. Article 40 is closely related to the principles laid down in Article 8.2. The relationship between these two provisions is not self-evident. Article 40 is also not concerned with other restrictive practices relating to other business transactions such as joint ventures, subcontracting and outsourcing, regardless of how related they are to either intellectual property or the transfer of technology.

Keywords: contractual licences; intellectual property; technology



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