Ptas. The fees of Price Waterhouse and Xxxxxx Xxxxxxxx, if any, will be paid by the party which assessment of the tax contingencies differs in a bigger amount from the final assessment of the auditors. If the tax assessment had been made, the amount to be deducted from the price will be 50% of the assessment less the amount that might have been guaranteed by the Vendor according to Clause 5.4 above.
Ptas. Each) ----------------------------------------- --------------------- ------------------------------ --------------------- -------------- ----------------------------------------- --------------------- ------------------------------ --------------------- -------------- Marketing Technology SA5 Spain 36.000.000 Ptas. (3.600 shares/ 10.000 Ptas. Each) N/A ----------------------------------------- --------------------- ------------------------------ --------------------- -------------- ----------------------------------------- --------------------- ------------------------------ --------------------- -------------- Acxiom France SA France 300.00 FRANCS N/A ----------------------------------------- --------------------- ------------------------------ --------------------- -------------- ----------------------------------------- --------------------- ------------------------------ --------------------- -------------- Acxiom Australia Pty Ltd. Australia 1 share N/A ----------------------------------------- --------------------- ------------------------------ --------------------- -------------- ----------------------------------------- --------------------- ------------------------------ --------------------- -------------- Acxiom Personnel Pty Ltd6 Australia 1 share N/A ========================================= ===================== ============================== ===================== ============== Except as otherwise noted on this Schedule 3.12, all Subsidiaries are wholly-owned by Borrower.
Ptas and the international IP architecture The PTAs take advantage not only of the minimum standard principle but of the gaps and ambiguities of the TRIPS Agreement. One important premise of the TRIPS Agreement is the desire “to reduce distortions and impediments to international trade, and … the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade.”262 But, also the “underlying public policy objectives of national systems… including developmental and technological objectives”.263 TRIPS emphasizes that IPRs are private rights264 buttressed by a strong system of enforcement where public authorities are called to play a major role. In a major disjunction with its trade character, the Agreement does not take a position on parallel trade leaving it to each Member to decide on its own system of exhaustion of IPRs.265 With respect to ambiguous compromises or simply gaps in TRIPS, such as in the cases of undisclosed information particularly on test data, protection of plants and animals, non-violation complaints, technological protection measures and management rights and enforcement issues, the PTAs expand and elaborate further on all these questions. To fully grasp the significance of PTAs and their impact on the international system, it might be useful to have a glance at those developing countries that have signed PTAs respectively with the USA and European countries (See Table 1). In general, 262 See Preambular paragraph, TRIPS Agreement. 263 See Preamble, TRIPS and its objectives (Article 7) and principles (Articles 8). 264 Ditto 265 See Xxxxxxxx they are countries with small markets, unlike the fully-fledged participants in the IP international law making process. For example, countries such as Argentina, Brazil, and India have not signed PTAs with strong IP chapters at the time of writing, with the notable exception of the ongoing EU – India PTA negotiations. The question to be raised is that under those circumstances what is the impact of PTAs in the international system?266 As noted, the PTAs are a legitimate creature of TRIPS, taking full advantage of the ambiguities and gaps of the latter. They constitute a major contribution to the expansion of the IP international architecture, not only in terms of adherence by new members of an important number of international treaties such as the PCT, th...
