Safeguard provisions. 1. The Contracting Parties reserve the right to introduce temporary additional import certification requirements in response to legitimate public policy concerns, such as health or consumer protection or in order to act against fraud. In this case, the other Contracting Party shall be given adequate information in sufficient time to permit the fulfilment of the additional requirements.
Safeguard provisions. 10.1 Xxxxxx Games shall indemnify and hold Xxxxxx Online and/or its affiliates, employees, shareholders and directors harmless against and from all losses, including but not limited to the compensations of the above persons to third parties (obligees, end users, etc.), administrative penalties against the above persons by relevant governmental authorities, and reasonable investigation fees, court fees and attorney’s fees paid by the above persons for the said matters, arising out of or in relation to the operating of the Cooperation Products, including but not limited to that the contents of the websites of the Cooperation Products and other advertising information of Xxxxxx Games are in violation of laws and regulations, and that the end user disputes in respect of the Cooperation Products are caused due to the reasons of Xxxxxx Games, and that the Cooperation Products infringe the intellectual properties of a third party due to the reasons of Xxxxxx Games, and that the above persons are involved in any disputes, claims, liabilities, arbitrations and suits due to the failure of Xxxxxx Games to obtain the governmental license for the operating of the Cooperation Products hereunder.
Safeguard provisions. Articles 7 and 8 of the TRIPS Agreement allow Members to frame laws that promote public interest in sec- tors of vital importance to socioeconomic development and to enact measures that protect public health and nutrition. Further, they are allowed to “take appropriate measures to prevent the abuse of intellectual property rights or…adversely affect international transfer of technology” provided “such measures are consistent with the provisions in the Agreement”. The Doha Declaration on TRIPs and Public Health of 2001, the 30 August Agreement of 2003 and the recently concluded agreement to amend Article 31 of TRIPS provide clearer guidance on how some of the flexibilities in the TRIPS Agreement can be used to facilitate an increase in the availability of ARVs. Developing countries therefore have the clear choice of using the provisions of TRIPS to frame national legislation that serves their specific developmental needs without violating the letter or the spirit of the TRIPS Agreement. To date, there has not been a wide uptake of countries making use of these flexibilities or safeguards. For instance, only a few African countries, Mo- zambique, Zambia and Zimbabwe, have made use of compulsory licensing or government use mecha- nisms. In Asia, Malaysia and Indonesia have issued compulsory licenses and government use licenses to combat high prices of ARVs and make them easily available. These safeguards need to be imple- mented through enactment of national legislations with the support and cooperation of all members of the TRIPS Agreement.
Safeguard provisions. In the event of any provision of this agreement being or subsequently becoming wholly or partially invalid at law, this shall not affect the validity of the remaining provisions. The agreement shall be amended so that the invalid provision is replaced by such other appropriate arrangement as most closely approximates economically to what the contracting parties would have intended if they had been aware of the invalidity of the provision.
Safeguard provisions. The challenge regarding safeguard measures lies in striking a balance between allowing countries to apply safeguard measures to prevent serious disruption to their economies and ensuring that they do not resort to safeguard measures to an extent that defeats the trade liberalisation purpose of the Protocol. The RECs are unanimous in allowing restrictions in the event of the occurrence of serious disturbances. In addition, they generally permit restrictions for balance of payments reasons as well as the protection of infant or strategic industries. Where we have a Protocol focussing solely on basic food products, the rationale for protecting infant or strategic industries is reduced and the only provision that is likely to be necessary is one allowing the imposition of restrictions in the event of serious disturbances.
Safeguard provisions. The provisions of this Convention shall not be interpreted in a manner that is inconsistent with the relevant principles of international law, including international customary law.
