Challenging is a fundamental principle of the GATT/WTO, which prohibits discrimination between imported and domestic products in terms of internal taxation or other state rules. The principle of questioning is formulated in Article 3 of GATT 1947 (and by reference to the 1994 GATT); Article 17 of the General Agreement on Trade in Services (GATS); and Article 3 of the Trade-Related Intellectual Property Rights (TRIPS) Agreement. The purpose of this trade rule is to prevent internal taxes or other rules from being used to replace customs protection.  Article 1.3 of the TRIPS Agreement defines intellectual property rights that must be protected under the convention. Article 3.1 stipulates that these individuals or companies must be treated at the national level. Both articles allow members to use the possibilities of defining beneficiaries and granting national treatment, provided notifications are sent to the TRIPS Council. The communications covered by Articles 1.3 and 3.1 are distributed in the IP/N/2 series. For more information on these notification possibilities, see IP/C/W/5 (Download Word, pdf). 2. Appropriate measures, to the extent that they are consistent with the provisions of this agreement, may be necessary to prevent abuse of rights by rights holders or the use of practices that unduly restrict trade or affect the international transfer of technology. The obligations under Articles 3 and 4 do not apply to procedures under WIPO-led multilateral agreements on the acquisition or maintenance of intellectual property rights. (b) are granted in accordance with the provisions of the Bern Convention (1971) or the Rome Convention, which allows the treatment granted not to be treated in national treatment but in another country; 1.
Each member treats the nationals of the other members no less favourable than that accorded to its own nationals in the area of intellectual property protection (3), subject to the exceptions already provided for by the Paris Convention (1967), the Bern Convention (1971), the Rome Convention or the Treaty on Intellectual Property with regard to integrated circuits. For performers, phonogram producers and broadcasters, this obligation applies only to the rights of this agreement. Any member who uses the possibilities of Article 6 of the Berne Convention (1971) or Article 16, paragraph 1, point b) of the Rome Convention notifies the Council for TRIPS. Although support for national treatment has been expressed in several controversial (and legally non-binding) resolutions of the UN General Assembly, the issue of expropriation is almost everywhere addressed through treaties with other states and contracts with private entities rather than dependence on international practices. 3. Members grant the treatment of other members to nationals of other members under this agreement. 1. With regard to relevant intellectual property law, nationals of other members are considered to be natural or legal persons who would meet the protection criteria provided by the Paris Convention (1967), the Bern Convention (1971), the Rome Convention and the Intellectual Property Treaty, taking into account the integrated channels, all WTO members.