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ARTICLE-4: Most-Favoured-Nation Treatment [go to this ARTICLE]
... (b) granted in accordance with the provisions of the Berne Convention
(1971) or the Rome Convention authorizing that the treatment accorded
be a function not of national treatment but of the treatment accorded
in another country;
...
ARTICLE-35: Relation to the IPIC Treaty [go to this ARTICLE]
... Members
agree to provide protection to the layout-designs (topographies) of
integrated circuits (referred to in this Agreement as
"layout-designs") in accordance with Articles 2
through 7 (other than paragraph 3 of Article 6), Article 12
and paragraph 3 of Article 16 of the Treaty on Intellectual
Property in Respect of Integrated Circuits and, in addition, to
comply with the following provisions. ...
... 1. In
the course of ensuring effective protection against unfair
competition as provided in Article 10bis of the Paris
Convention (1967), Members shall protect undisclosed information in
accordance with paragraph 2 and data submitted to governments or
governmental agencies in accordance with paragraph 3. ...
... 1. In
the course of ensuring effective protection against unfair
competition as provided in Article 10bis of the Paris
Convention (1967), Members shall protect undisclosed information in
accordance with paragraph 2 and data submitted to governments or
governmental agencies in accordance with paragraph 3. ...
ARTICLE-44: Injunctions [go to this ARTICLE]
... 2. Notwithstanding
the other provisions of this Part and provided that the provisions of
Part II specifically addressing use by governments, or by third
parties authorized by a government, without the authorization of the
right holder are complied with, Members may limit the remedies
available against such use to payment of remuneration in accordance
with subparagraph (h) of Article 31. In other cases, the
remedies under this Part shall apply or, where these remedies are
inconsistent with a Member's law, declaratory judgments and adequate
compensation shall be available. ...
ARTICLE-55: Duration of Suspension [go to this ARTICLE]
... If,
within a period not exceeding 10 working days after the applicant has
been served notice of the suspension, the customs authorities have
not been informed that proceedings leading to a decision on the
merits of the case have been initiated by a party other than the
defendant, or that the duly empowered authority has taken provisional
measures prolonging the suspension of the release of the goods, the
goods shall be released, provided that all other conditions for
importation or exportation have been complied with; in appropriate
cases, this time-limit may be extended by another 10 working days.
If proceedings leading to a decision on the merits of the case have
been initiated, a review, including a right to be heard, shall take
place upon request of the defendant with a view to deciding, within a
reasonable period, whether these measures shall be modified, revoked
or confirmed. Notwithstanding the above, where the suspension of the
release of goods is carried out or continued in accordance with a
provisional judicial measure, the provisions of paragraph 6 of
Article 50 shall apply. ...
ARTICLE-59: Remedies [go to this ARTICLE]
... Without
prejudice to other rights of action open to the right holder and
subject to the right of the defendant to seek review by a judicial
authority, competent authorities shall have the authority to order
the destruction or disposal of infringing goods in accordance with
the principles set out in Article 46. In regard to counterfeit
trademark goods, the authorities shall not allow the re-exportation
of the infringing goods in an unaltered state or subject them to a
different customs procedure, other than in exceptional circumstances. ...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... (c) provide patent protection in accordance with this Agreement as
from the grant of the patent and for the remainder of the patent
term, counted from the filing date in accordance with Article 33
of this Agreement, for those of these applications that meet the
criteria for protection referred to in subparagraph (b). ...
... (c) provide patent protection in accordance with this Agreement as
from the grant of the patent and for the remainder of the patent
term, counted from the filing date in accordance with Article 33
of this Agreement, for those of these applications that meet the
criteria for protection referred to in subparagraph (b). ...
... 9. Where a
product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall
be granted, notwithstanding the provisions of Part VI, for a
period of five years after obtaining marketing approval in that
Member or until a product patent is granted or rejected in that
Member, whichever period is shorter, provided that, subsequent to the
entry into force of the WTO Agreement, a patent application has been
filed and a patent granted for that product in another Member and
marketing approval obtained in such other Member.
...
... 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.
...