The registration of a trademark using a geographical indication in a manner that misleads the public about the true place of origin must be refused or cancelled automatically if the legislation authorizes it or at the request of an interested party (Article 22.3). The World Trade Organization (WTO) is the international organization that deals with trade rules between nations. Since February 2005, 148 countries have been members of the WTO. Countries are committed to complying with the 18 specific agreements attached to the WTO agreement. They cannot choose to be proponents of certain agreements, but not others (with the exception of some “multilateral” agreements that are not mandatory). Review of the terms of application of members Members must inform the TRIPS Council of their relevant laws and regulations. This will help the Council to review the functioning of the agreement. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. The provisions relating to the treatment of the existing object at the time a member begins to apply the provisions of the agreement are an important aspect of the transitional provisions of the AGREEMENT ON TRIPS. In accordance with Article 70.2, the provisions of the TRIPS agreement generally apply to the object that exists for the member concerned at the time of the implementation of the agreement and which is protected in that Member State on that date. With respect to copyright and most related rights, there are additional requirements.
Articles 9.1, 14.6 and 70.2 of the TRIPS agreement require WTO members to comply with Article 18 of the Berne Agreement, not only with regard to the rights of authors, but also with regard to the rights of performers and producers of phonograms. Article 18 of the Berne Agreement, as incorporated into the ON TRIPS agreement, contains the so-called retroactive rule, under which the agreement applies to all works that have not become accessible either in the country of origin, in the country where protection is protected, as well as in the country where protection is implemented.