Trade-Related Aspects of Intellctual Property Rights (TRIPS)



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  • Congress has specifically precluded any person other than the United States from using TRIPs as a cause of action or defense.
    • Tea Board of India v. The Republic of Tea, Inc., Opposition No. 91118587, (TTAB 2006).
      • FOOTNOTE 3 "Opposer also alleges a violation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), Article 22.1, causing further damage to opposer and those persons authorized to use opposer's marks. We do not treat this allegation as a separate claim because TRIPs is not a self-executing treaty. See, e.g., In re Rath, 402 F.3d 1207, 74 USPQ2d 1174, 1179 n. 2 (Fed. Cir. 2005) (noting that, under 19 U.S.C. §3512(c), Congress has specifically precluded any person other than the United States from using TRIPs as a cause of action or defense.)"
Tea Board of India v. The Republic of Tea, Inc., Opposition No. 91118587, (TTAB 2006) Grand Total
In re Rath, 402 F.3d 1207, 74 USPQ2d 1174 (Fed. Cir. 2005) 1
Grand Total 1
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