Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

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375 However, some caution may be needed in view of the fact that Article 4 of the TRIPS Agreement introduced a Most-Favored Nation Clause (MFN)," long-familiar in trade law," into international intellectual property law for the first time." Some scholars have begun to question the continued viability of even the Berne Convention's own comparison of terms clause on the grounds that it inherently conflicts with Article 4 of the TRIPS Agreement,^ as might every bilateral arrangement in which a WIO member state affords a better "intellectual property" deal" to another member state without making that seune deal available to the membership ^' See TRIPS Agreement, supra note 5, art. 4, which states: "With regard to the protection of intellectual property [as defined and limited by Art. 1(2)], any advantage, favour, privilege or immunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other members." " See . e.g.. John H. Jackson, World Trade and the Law or Gatt 249-72 (1969). " See, e.g.. Wolfgang Fikentscher, TRIPS and the Most Favored Nation Clause, in Current Issues im Ihtellectual Propertt, Proceedings of the Annual Conference of the International Association for THE Advancement of Teaching and Research in Intellectual Property (ATRIP) , Ljubljana, Slovenia, July 11-13, 1994, at 137, 137-39 (J. Straus, ed. , 1995) (stressing that, historically, "free trade is based upon a world principle and the protection of intellectual property upon national law and territoriality") . ** See, e.g.. Fikentscher, supra note 53, at 140; Cohen Jehoreun, suora note 39, at 826-27. " However, the term "intellectual property" appears expressly limited to the specific subject-matter categories covered by the TRIPS Agreement. See supra note 51; Universal Minimum Standards, supra note 2, at 348-49.