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Law-ref.org | Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) |
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acceptance [Global Index]
... Any
right holder initiating the procedures under Article 51 shall be
required to provide adequate evidence to satisfy the competent
authorities that, under the laws of the country of importation, there
is prima facie an infringement of the right holder's
intellectual property right and to supply a sufficiently detailed
description of the goods to make them readily recognizable by the
customs authorities. The competent authorities shall inform the
applicant within a reasonable period whether they have accepted the
application and, where determined by the competent authorities, the
period for which the customs authorities will take action. ...
... 3. During
the time period referred to in paragraph 2, the Council for TRIPS
shall examine the scope and modalities for complaints of the type
provided for under subparagraphs 1(b) and 1(c) of Article XXIII of
GATT 1994 made pursuant to this Agreement, and submit its
recommendations to the Ministerial Conference for approval. Any
decision of the Ministerial Conference to approve such
recommendations or to extend the period in paragraph 2 shall be
made only by consensus, and approved recommendations shall be
effective for all Members without further formal acceptance process.
...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 4. In
respect of any acts in respect of specific objects embodying
protected subject matter which become infringing under the terms of
legislation in conformity with this Agreement, and which were
commenced, or in respect of which a significant investment was made,
before the date of acceptance of the WTO Agreement by that Member,
any Member may provide for a limitation of the remedies available to
the right holder as to the continued performance of such acts after
the date of application of this Agreement for that Member. In such
cases the Member shall, however, at least provide for the payment of
equitable remuneration.
...
... 2. Amendments
merely serving the purpose of adjusting to higher levels of
protection of intellectual property rights achieved, and in force, in
other multilateral agreements and accepted under those agreements by
all Members of the WTO may be referred to the Ministerial Conference
for action in accordance with paragraph 6 of Article X of the
WTO Agreement on the basis of a consensus proposal from the Council
for TRIPS.
...