التنظيم القانوني لشرط الدولة الأولى بالرعاية في مجال حماية حقوق الملكية الفكرية Legal regulation of the most-favored-nation clause in the field of intellectual property rights protection

Document Type : Original Article

Author

PhD in private international law from the Faculty of Law, Mansoura University

Abstract

most favoured nation (MFN) is a status or level of treatment accorded by one state to another in international trade. The term means the country which is the recipient of this treatment must nominally receive equal trade advantages as the "most favoured nation" by the country granting such treatment (trade advantages include low tariffs or high import quotas). In effect, a country that has been accorded MFN status may not be treated less advantageously than any other country with MFN status by the promising country. There is a debate in legal circles whether MFN clauses in bilateral investment treaties include only substantive rules or also procedural protections. The members of the World Trade Organization (WTO) agree to accord MFN status to each other. Exceptions allow for preferential treatment of developing countries, regional free trade areas and customs unions.

The main question of this research: What is the legal regulation of the MFN clause in the field of intellectual property rights protection?

This research aims to reach the concept of the most-favored-nation clause, clarify intellectual property rights, identify the relationship between intellectual rights and the World Trade Organization, identify the extent to which the most-favored-nation clause is applied in the Intellectual Property Agreement, and analyze the legal regulation of the most-favored nation clause in the Convention. intellectual property. This is done by examining the relevant international conventions and the rules of private international law.

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