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National Treatment

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Chapter Summary

National treatment is one of the major principles in world trade law and international intellectual property law. In the mid-nineteenth century, the worldwide expansion of trade created the need for right holders to extend protection to intellectual property abroad, which they had hitherto been denied due to the restriction of national laws to their own nationals (principle of territoriality). Article. 3 provides for far-reaching exceptions from the principle of national treatment. Pursuant to Art. 3.1, sentence 1, the exceptions provided for in the Paris Convention (PC), the Berne Convention (BC), the Rome Convention (RC) and the Washington Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC Treaty) also apply by analogy to the national treatment obligation in accordance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

Keywords: Berne Convention (BC); IPIC Treaty; national treatment; Paris Convention (PC); Rome Convention (RC); TRIPS Agreement



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