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Protection Of Existing Subject Matter

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Chapter Summary

Art. 70 contains regulations regarding the protection of existing subject matter. The provision comprises two categories of norms, On the one hand, Arts 70.1 to 70.7 contain regulations in respect of all subject matter commenced, terminated or existing at the date of application of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement for the Members in question. On the other hand, Arts 70.8 and 70.9 oblige the Members, as of the date of entry into force of the World Trade Organization (WTO) Agreement on 1 January 1995, to make certain provisions on the protection of pharmaceutical and agricultural chemical products in order to safeguard the patenting criteria for these products as long as the Members do not grant respective patent protection in accordance with Art. 27.

Keywords: existing subject matter; TRIPS Agreement; World Trade Organization (WTO) Agreement



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