Article 2.3.1 Governing Law and Recognition of IP Rights
(a) All formal intellectual property rights including, without limitation, patents, trademarks, copyrights, trade secrets and industrial designs shall be governed by the laws of the Host Country as specified in Part 5 of this ICT Code, and by any applicable international treaties to which the Host Country is a party.
(i) The ICT shall not independently create, confer, or recognise formal intellectual property rights in parallel to or outside of the Host Country framework or applicable international legal frameworks, except as expressly provided for in this ICT Code.
(b) Any dispute involving formal intellectual property rights may be heard by the ICT Court, but shall be determined in accordance with the intellectual property laws of the Host Country as provided in Part 5.
(i) Contracts relating to intellectual property including licences, assignments, and joint development agreement shall be enforceable under the general contract law provisions of this ICT Code, provided that such contracts do not conflict with any mandatory provisions of Host Country intellectual property law.
(ii) Trade secrets and confidential know-how shall be protected in accordance with the laws of the Host Country and the applicable data protection and business confidentiality provisions set out in this ICT Code. Trade secrets and confidential know-how shall be protected under applicable provisions of Host Country law and any data protection or business confidentiality provisions in this ICT Code.
- Section
- 2.3.1
- Effective date
- 2026-04-25