Second sentence Sample Clauses

Second sentence. For 6.2.1.5 read 6.2.1.6
Sample 1
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Second sentence. Members may, but shall not be obliged to, implement in their law more extensive protection than is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement. There are several interpretative issues raised by this sentence. It appears reasonable to conclude that this provision signifies that the rules of TRIPS are intended as “minimum” standards of IPR protection. Members may adopt more extensive protection, but not less extensive protection. Note, however, that the minimum standard of protection is that “required” by the Agreement, and that the express requirements of the Agreement are often framed in rather flexible terms. In this sense, the minimum standards are subject to differential application. The second sentence also provides that Members “shall not be obliged to” im- plement more extensive protection. Some Members have made demands in the context of bilateral or regional negotiations that other Members adopt so-called “TRIPS-plus” standards of protection. The express language of this second sen- tence makes clear that no Member is obligated by the TRIPS Agreement to adopt such TRIPS-plus standards. An important interpretative question is whether a Member that demands the adoption of TRIPS-plus standards in the bilateral or regional context might be failing to perform its TRIPS Agreement obligations in good faith. The argument on behalf of a Member’s being subjected to such demands would be that it accepted its TRIPS obligations as part of a set of reciprocally negotiated commitments that represent a balance of rights and obligations on which that Member is entitled to rely. Bilateral pressure to exceed the agreed upon commitments is contrary to 46 For instance, the TRIPS provisions on exceptions to exclusive rights, such as Article 30 with respect to patents, which reads: “Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties.” For details on Article 30 see below, Chapter 23.
Sample 1
Second sentence. 1.3.1 "constructive remedies provided for by this Agreement"
Sample 1

Related to Second sentence

  • DELETED DELETED] DELETED] DELETED] --------------------------------------------------------------------------------------------------- [TEXT DELETED] mm [TEXT [TEXT [TEXT [TEXT See Section 4.5.2.3

  • DELETE IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING A. The Employer shall not demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment.

  • Entirety of the Agreement The terms and conditions of this Agreement and any of the attachments expressly incorporated by reference in this Agreement embody the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modification of the terms of the Agreement shall be valid unless made in a writing signed by both parties hereto and approved by the District’s governing body, the elected School Board, or its designee pursuant to official board policy. Contractor acknowledges, that pursuant to the doctrine of sovereign immunity, any purported oral modification to this Agreement is unenforceable. Each party acknowledges participation in the negotiations and drafting of this Agreement and any modifications thereto, and that, accordingly, this Agreement will not be construed more stringently against one party than against the other. Contractor acknowledges, that pursuant to the doctrine of sovereign immunity, purported oral modifications are unenforceable against the District.

  • Entirety This Credit Agreement together with the other Credit Documents represent the entire agreement of the parties hereto and thereto, and supersede all prior agreements and understandings, oral or written, if any, including any commitment letters or correspondence relating to the Credit Documents or the transactions contemplated herein and therein.

  • Original Agreement This Agreement amends and restates the Original Agreement in its entirety.

  • AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties.

  • HEREBY AGREED AS FOLLOWS 1. Scope of this Agreement

  • FTE Definition Effective September 1, 2017, part-time teacher FTE will be determined by the ratio of the teacher’s actual annual instructional time to the teacher instructional time of a full-time assignment in the teacher’s school. This FTE will be used to calculate the prorated portion of a teacher’s assignable time.

  • Basic Lease Provisions and Definitions In addition to other terms elsewhere defined in this Lease, the following terms whenever used in this Lease should have only the meanings set forth in this section, unless such meanings are expressly modified, limited or expanded elsewhere herein.

  • Existing Agreement Except as expressly amended herein, the Credit Agreement shall remain in full force and effect, and in all other respects is affirmed.

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