91It should be observed that a trade name is a right falling within the scope of the term ‘intellectual property’ within the meaning of Article 1(2) of the TRIPs Agreement. Moreover, it follows from Article 2(1) of the TRIPs Agreement that the protection of trade names, for which specific provision is made in Article 8 of the Paris Convention, is expressly incorporated into that agreement. Therefore, by virtue of the TRIPs Agreement, the members of the WTO are under an obligation to protect trade names (see also the Report of the WTO Appellate Body, United States — Section 211 of the Omnibus Appropriations Act, cited above, paragraphs 326 to 341).
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