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In United States - Section 211 Omnibus Appropriations Act of 1998 (the "Havana Club" dispute, DS176;…

The Appellate Body "reversed the Panel's conclusion that trade names are not a category of intellectual property protected under the TRIPS Agreement" and reached the same…

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In United States - Section 211 Omnibus Appropriations Act of 1998 (the "Havana Club" dispute, DS176; Appellate Body report adopted in 2002), what did the Appellate Body hold about trade names?

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The Appellate Body "reversed the Panel's conclusion that trade names are not a category of intellectual property protected under the TRIPS Agreement" and reached the same conclusions for trade names as for trademarks, finding breaches of national treatment and most-favoured-nation treatment. Trade names come into TRIPS through Article 2.1, which incorporates Article 8 of the Paris Convention, so the narrow reading of Article 1.2 was rejected. Article 8 of Paris protects trade names without any filing or registration.

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