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... (a) the applicability of the basic principles of GATT 1994 and of
relevant international intellectual property agreements or
conventions; ...
... Desiring
to establish a mutually supportive relationship between the WTO and
the World Intellectual Property Organization (referred to in this
Agreement as "WIPO") as well as other relevant
international organizations; ...
ARTICLE-1: Nature and Scope of Obligations [go to this ARTICLE]
... 1. Members
shall give effect to the provisions of this Agreement. Members may,
but shall not be obliged to, implement in their law more extensive
protection than is required by this Agreement, provided that such
protection does not contravene the provisions of this Agreement.
Members shall be free to determine the appropriate method of
implementing the provisions of this Agreement within their own legal
system and practice. ...
... 1. Members
shall give effect to the provisions of this Agreement. Members may,
but shall not be obliged to, implement in their law more extensive
protection than is required by this Agreement, provided that such
protection does not contravene the provisions of this Agreement.
Members shall be free to determine the appropriate method of
implementing the provisions of this Agreement within their own legal
system and practice. ...
... 1. Members
shall give effect to the provisions of this Agreement. Members may,
but shall not be obliged to, implement in their law more extensive
protection than is required by this Agreement, provided that such
protection does not contravene the provisions of this Agreement.
Members shall be free to determine the appropriate method of
implementing the provisions of this Agreement within their own legal
system and practice. ...
... 1. Members
shall give effect to the provisions of this Agreement. Members may,
but shall not be obliged to, implement in their law more extensive
protection than is required by this Agreement, provided that such
protection does not contravene the provisions of this Agreement.
Members shall be free to determine the appropriate method of
implementing the provisions of this Agreement within their own legal
system and practice. ...
... 2. For the
purposes of this Agreement, the term "intellectual property"
refers to all categories of intellectual property that are the
subject of Sections 1 through 7 of Part II.
...
... 3. Members
shall accord the treatment provided for in this Agreement to the
nationals of other Members.(1)
In respect of the relevant intellectual property right, the
nationals of other Members shall be understood as those natural or
legal persons that would meet the criteria for eligibility for
protection provided for in the Paris Convention (1967), the Berne
Convention (1971), the Rome Convention and the Treaty on Intellectual
Property in Respect of Integrated Circuits, were all Members of the
WTO members of those conventions.(2)
Any Member availing itself of the possibilities provided in
paragraph 3 of Article 5 or paragraph 2 of Article 6
of the Rome Convention shall make a notification as foreseen in those
provisions to the Council for Trade-Related Aspects of Intellectual
Property Rights (the "Council for TRIPS").
...
ARTICLE-2: Intellectual Property Conventions [go to this ARTICLE]
... 1. In
respect of Parts II, III and IV of this Agreement, Members shall
comply with Articles 1 through 12, and Article 19, of the Paris
Convention (1967). ...
... 2. Nothing
in Parts I to IV of this Agreement shall derogate from existing
obligations that Members may have to each other under the Paris
Convention, the Berne Convention, the Rome Convention and the Treaty
on Intellectual Property in Respect of Integrated Circuits. ...
ARTICLE-3: National Treatment [go to this ARTICLE]
... 1. Each
Member shall accord to the nationals of other Members treatment no
less favourable than that it accords to its own nationals with regard
to the protection(3)
of intellectual property, subject to the exceptions already provided
in, respectively, the Paris Convention (1967), the Berne
Convention (1971), the Rome Convention or the Treaty on
Intellectual Property in Respect of Integrated Circuits. In respect
of performers, producers of phonograms and broadcasting
organizations, this obligation only applies in respect of the rights
provided under this Agreement. Any Member availing itself of the
possibilities provided in Article 6 of the Berne Convention
(1971) or paragraph 1(b) of Article 16 of the Rome Convention
shall make a notification as foreseen in those provisions to the
Council for TRIPS. ...
... 2. Members
may avail themselves of the exceptions permitted under paragraph 1
in relation to judicial and administrative procedures, including the
designation of an address for service or the appointment of an agent
within the jurisdiction of a Member, only where such exceptions are
necessary to secure compliance with laws and regulations which are
not inconsistent with the provisions of this Agreement and where such
practices are not applied in a manner which would constitute a
disguised restriction on trade. ...
ARTICLE-4: Most-Favoured-Nation Treatment [go to this ARTICLE]
... (a) deriving from international agreements on judicial assistance or
law enforcement of a general nature and not particularly confined to
the protection of intellectual property; ...
... (c) in respect of the rights of performers, producers of phonograms
and broadcasting organizations not provided under this Agreement; ...
... (d) deriving from international agreements related to the protection
of intellectual property which entered into force prior to the entry
into force of the WTO Agreement, provided that such agreements are
notified to the Council for TRIPS and do not constitute an arbitrary
or unjustifiable discrimination against nationals of other Members. ...
... (d) deriving from international agreements related to the protection
of intellectual property which entered into force prior to the entry
into force of the WTO Agreement, provided that such agreements are
notified to the Council for TRIPS and do not constitute an arbitrary
or unjustifiable discrimination against nationals of other Members. ...
... (d) deriving from international agreements related to the protection
of intellectual property which entered into force prior to the entry
into force of the WTO Agreement, provided that such agreements are
notified to the Council for TRIPS and do not constitute an arbitrary
or unjustifiable discrimination against nationals of other Members. ...
ARTICLE-5: Multilateral Agreements on Acquisition or [go to this ARTICLE]
... Multilateral Agreements on Acquisition or ...
... The
obligations under Articles 3 and 4 do not apply to procedures
provided in multilateral agreements concluded under the auspices of
WIPO relating to the acquisition or maintenance of intellectual
property rights. ...
ARTICLE-6: Exhaustion [go to this ARTICLE]
... For the
purposes of dispute settlement under this Agreement, subject to the
provisions of Articles 3 and 4 nothing in this Agreement shall
be used to address the issue of the exhaustion of intellectual
property rights. ...
... For the
purposes of dispute settlement under this Agreement, subject to the
provisions of Articles 3 and 4 nothing in this Agreement shall
be used to address the issue of the exhaustion of intellectual
property rights. ...
ARTICLE-8: Principles [go to this ARTICLE]
... 1. Members
may, in formulating or amending their laws and regulations, adopt
measures necessary to protect public health and nutrition, and to
promote the public interest in sectors of vital importance to their
socio-economic and technological development, provided that such
measures are consistent with the provisions of this Agreement.
...
... 2. Appropriate
measures, provided that they are consistent with the provisions of
this Agreement, may be needed to prevent the abuse of intellectual
property rights by right holders or the resort to practices which
unreasonably restrain trade or adversely affect the international
transfer of technology.
...
ARTICLE-9: Relation to the Berne Convention [go to this ARTICLE]
... 1. Members
shall comply with Articles 1 through 21 of the Berne Convention
(1971) and the Appendix thereto. However, Members shall not have
rights or obligations under this Agreement in respect of the rights
conferred under Article 6bis of that Convention or of the
rights derived therefrom. ...
ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 5. The
term of the protection available under this Agreement to performers
and producers of phonograms shall last at least until the end of a
period of 50 years computed from the end of the calendar year in
which the fixation was made or the performance took place. The term
of protection granted pursuant to paragraph 3 shall last for at
least 20 years from the end of the calendar year in which the
broadcast took place. ...
ARTICLE-22: Protection of Geographical Indications [go to this ARTICLE]
... 1. Geographical
indications are, for the purposes of this Agreement, indications
which identify a good as originating in the territory of a Member, or
a region or locality in that territory, where a given quality,
reputation or other characteristic of the good is essentially
attributable to its geographical origin. ...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... 1. Members
agree to enter into negotiations aimed at increasing the protection
of individual geographical indications under Article 23. The
provisions of paragraphs 4 through 8 below shall not be used by
a Member to refuse to conduct negotiations or to conclude bilateral
or multilateral agreements. In the context of such negotiations,
Members shall be willing to consider the continued applicability of
these provisions to individual geographical indications whose use was
the subject of such negotiations. ...
... 2. The
Council for TRIPS shall keep under review the application of the
provisions of this Section; the first such review shall take place
within two years of the entry into force of the WTO Agreement. Any
matter affecting the compliance with the obligations under these
provisions may be drawn to the attention of the Council, which, at
the request of a Member, shall consult with any Member or Members in
respect of such matter in respect of which it has not been possible
to find a satisfactory solution through bilateral or plurilateral
consultations between the Members concerned. The Council shall take
such action as may be agreed to facilitate the operation and further
the objectives of this Section. ...
... 3. In
implementing this Section, a Member shall not diminish the protection
of geographical indications that existed in that Member immediately
prior to the date of entry into force of the WTO Agreement. ...
... 6. Nothing
in this Section shall require a Member to apply its provisions in
respect of a geographical indication of any other Member with respect
to goods or services for which the relevant indication is identical
with the term customary in common language as the common name for
such goods or services in the territory of that Member. Nothing in
this Section shall require a Member to apply its provisions in
respect of a geographical indication of any other Member with respect
to products of the vine for which the relevant indication is
identical with the customary name of a grape variety existing in the
territory of that Member as of the date of entry into force of the
WTO Agreement. ...
... 9. There
shall be no obligation under this Agreement to protect geographical
indications which are not or cease to be protected in their country
of origin, or which have fallen into disuse in that country. ...
ARTICLE-27: Patentable Subject Matter [go to this ARTICLE]
... (b) plants and animals other than
micro-organisms, and essentially biological processes for the
production of plants or animals other than non-biological and
microbiological processes. However, Members shall provide for the
protection of plant varieties either by patents or by an effective
sui generis system or by any combination thereof. The
provisions of this subparagraph shall be reviewed four years after
the date of entry into force of the WTO Agreement. ...
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. ...
... 2. Nothing
in this Agreement shall prevent Members from specifying in their
legislation licensing practices or conditions that may in particular
cases constitute an abuse of intellectual property rights having an
adverse effect on competition in the relevant market. As provided
above, a Member may adopt, consistently with the other provisions of
this Agreement, appropriate measures to prevent or control such
practices, which may include for example exclusive grantback
conditions, conditions preventing challenges to validity and coercive
package licensing, in the light of the relevant laws and regulations
of that Member. ...
... 2. Nothing
in this Agreement shall prevent Members from specifying in their
legislation licensing practices or conditions that may in particular
cases constitute an abuse of intellectual property rights having an
adverse effect on competition in the relevant market. As provided
above, a Member may adopt, consistently with the other provisions of
this Agreement, appropriate measures to prevent or control such
practices, which may include for example exclusive grantback
conditions, conditions preventing challenges to validity and coercive
package licensing, in the light of the relevant laws and regulations
of that Member. ...
... 3. Each
Member shall enter, upon request, into consultations with any other
Member which has cause to believe that an intellectual property right
owner that is a national or domiciliary of the Member to which the
request for consultations has been addressed is undertaking practices
in violation of the requesting Member's laws and regulations on the
subject matter of this Section, and which wishes to secure compliance
with such legislation, without prejudice to any action under the law
and to the full freedom of an ultimate decision of either Member.
The Member addressed shall accord full and sympathetic consideration
to, and shall afford adequate opportunity for, consultations with the
requesting Member, and shall cooperate through supply of publicly
available non-confidential information of relevance to the matter in
question and of other information available to the Member, subject to
domestic law and to the conclusion of mutually satisfactory
agreements concerning the safeguarding of its confidentiality by the
requesting Member. ...
... 1. Members
shall ensure that enforcement procedures as specified in this Part
are available under their law so as to permit effective action
against any act of infringement of intellectual property rights
covered by this Agreement, including expeditious remedies to prevent
infringements and remedies which constitute a deterrent to further
infringements. These procedures shall be applied in such a manner as
to avoid the creation of barriers to legitimate trade and to provide
for safeguards against their abuse. ...
ARTICLE-42: Fair and Equitable Procedures [go to this ARTICLE]
... Members
shall make available to right holders(11)
civil judicial procedures concerning the enforcement of any
intellectual property right covered by this Agreement. Defendants
shall have the right to written notice which is timely and contains
sufficient detail, including the basis of the claims. Parties shall
be allowed to be represented by independent legal counsel, and
procedures shall not impose overly burdensome requirements concerning
mandatory personal appearances. All parties to such procedures shall
be duly entitled to substantiate their claims and to present all
relevant evidence. The procedure shall provide a means to identify
and protect confidential information, unless this would be contrary
to existing constitutional requirements. ...
... 1. Members
may require, as a condition of the acquisition or maintenance of the
intellectual property rights provided for under Sections 2 through 6
of Part II, compliance with reasonable procedures and
formalities. Such procedures and formalities shall be consistent
with the provisions of this Agreement. ...
ARTICLE-63: Transparency [go to this ARTICLE]
... 1. Laws
and regulations, and final judicial decisions and administrative
rulings of general application, made effective by a Member pertaining
to the subject matter of this Agreement (the availability, scope,
acquisition, enforcement and prevention of the abuse of intellectual
property rights) shall be published, or where such publication is not
practicable made publicly available, in a national language, in such
a manner as to enable governments and right holders to become
acquainted with them. Agreements concerning the subject matter of
this Agreement which are in force between the government or a
governmental agency of a Member and the government or a governmental
agency of another Member shall also be published. ...
... 1. Laws
and regulations, and final judicial decisions and administrative
rulings of general application, made effective by a Member pertaining
to the subject matter of this Agreement (the availability, scope,
acquisition, enforcement and prevention of the abuse of intellectual
property rights) shall be published, or where such publication is not
practicable made publicly available, in a national language, in such
a manner as to enable governments and right holders to become
acquainted with them. Agreements concerning the subject matter of
this Agreement which are in force between the government or a
governmental agency of a Member and the government or a governmental
agency of another Member shall also be published. ...
... 1. Laws
and regulations, and final judicial decisions and administrative
rulings of general application, made effective by a Member pertaining
to the subject matter of this Agreement (the availability, scope,
acquisition, enforcement and prevention of the abuse of intellectual
property rights) shall be published, or where such publication is not
practicable made publicly available, in a national language, in such
a manner as to enable governments and right holders to become
acquainted with them. Agreements concerning the subject matter of
this Agreement which are in force between the government or a
governmental agency of a Member and the government or a governmental
agency of another Member shall also be published. ...
... 2. Members
shall notify the laws and regulations referred to in paragraph 1
to the Council for TRIPS in order to assist that Council in its
review of the operation of this Agreement. The Council shall attempt
to minimize the burden on Members in carrying out this obligation and
may decide to waive the obligation to notify such laws and
regulations directly to the Council if consultations with WIPO on the
establishment of a common register containing these laws and
regulations are successful. The Council shall also consider in this
connection any action required regarding notifications pursuant to
the obligations under this Agreement stemming from the provisions of
Article 6ter of the Paris Convention (1967). ...
... 2. Members
shall notify the laws and regulations referred to in paragraph 1
to the Council for TRIPS in order to assist that Council in its
review of the operation of this Agreement. The Council shall attempt
to minimize the burden on Members in carrying out this obligation and
may decide to waive the obligation to notify such laws and
regulations directly to the Council if consultations with WIPO on the
establishment of a common register containing these laws and
regulations are successful. The Council shall also consider in this
connection any action required regarding notifications pursuant to
the obligations under this Agreement stemming from the provisions of
Article 6ter of the Paris Convention (1967). ...
... 3. Each
Member shall be prepared to supply, in response to a written request
from another Member, information of the sort referred to in paragraph
1. A Member, having reason to believe that a specific judicial
decision or administrative ruling or bilateral agreement in the area
of intellectual property rights affects its rights under this
Agreement, may also request in writing to be given access to or be
informed in sufficient detail of such specific judicial decisions or
administrative rulings or bilateral agreements. ...
... 3. Each
Member shall be prepared to supply, in response to a written request
from another Member, information of the sort referred to in paragraph
1. A Member, having reason to believe that a specific judicial
decision or administrative ruling or bilateral agreement in the area
of intellectual property rights affects its rights under this
Agreement, may also request in writing to be given access to or be
informed in sufficient detail of such specific judicial decisions or
administrative rulings or bilateral agreements. ...
... 3. Each
Member shall be prepared to supply, in response to a written request
from another Member, information of the sort referred to in paragraph
1. A Member, having reason to believe that a specific judicial
decision or administrative ruling or bilateral agreement in the area
of intellectual property rights affects its rights under this
Agreement, may also request in writing to be given access to or be
informed in sufficient detail of such specific judicial decisions or
administrative rulings or bilateral agreements. ...
... 1. The
provisions of Articles XXII and XXIII of GATT 1994 as elaborated and
applied by the Dispute Settlement Understanding shall apply to
consultations and the settlement of disputes under this Agreement
except as otherwise specifically provided herein. ...
... 2. Subparagraphs
1(b) and 1(c) of Article XXIII of GATT 1994 shall not apply to the
settlement of disputes under this Agreement for a period of five
years from the date of entry into force of the WTO Agreement. ...
... 2. Subparagraphs
1(b) and 1(c) of Article XXIII of GATT 1994 shall not apply to the
settlement of disputes under this Agreement for a period of five
years from the date of entry into force of the WTO Agreement. ...
... 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-65: Transitional Arrangements [go to this ARTICLE]
... 1. Subject
to the provisions of paragraphs 2, 3 and 4, no Member shall be
obliged to apply the provisions of this Agreement before the expiry
of a general period of one year following the date of entry into
force of the WTO Agreement. ...
... 1. Subject
to the provisions of paragraphs 2, 3 and 4, no Member shall be
obliged to apply the provisions of this Agreement before the expiry
of a general period of one year following the date of entry into
force of the WTO Agreement. ...
... 2. A
developing country Member is entitled to delay for a further period
of four years the date of application, as defined in paragraph 1,
of the provisions of this Agreement other than Articles 3, 4 and 5. ...
... 4. To the
extent that a developing country Member is obliged by this Agreement
to extend product patent protection to areas of technology not so
protectable in its territory on the general date of application of
this Agreement for that Member, as defined in paragraph 2, it
may delay the application of the provisions on product patents of
Section 5 of Part II to such areas of technology for an
additional period of five years. ...
... 4. To the
extent that a developing country Member is obliged by this Agreement
to extend product patent protection to areas of technology not so
protectable in its territory on the general date of application of
this Agreement for that Member, as defined in paragraph 2, it
may delay the application of the provisions on product patents of
Section 5 of Part II to such areas of technology for an
additional period of five years. ...
... 5. A
Member availing itself of a transitional period under paragraphs 1,
2, 3 or 4 shall ensure that any changes in its laws, regulations and
practice made during that period do not result in a lesser degree of
consistency with the provisions of this Agreement. ...
ARTICLE-66: Least-Developed Country Members [go to this ARTICLE]
... 1. In view
of the special needs and requirements of least-developed country
Members, their economic, financial and administrative constraints,
and their need for flexibility to create a viable technological base,
such Members shall not be required to apply the provisions of this
Agreement, other than Articles 3, 4 and 5, for a period of
10 years from the date of application as defined under paragraph 1 of
Article 65. The Council for TRIPS shall, upon duly motivated
request by a least-developed country Member, accord extensions of
this period. ...
ARTICLE-67: Technical Cooperation [go to this ARTICLE]
... In order
to facilitate the implementation of this Agreement, developed country
Members shall provide, on request and on mutually agreed terms and
conditions, technical and financial cooperation in favour of
developing and least-developed country Members. Such cooperation
shall include assistance in the preparation of laws and regulations
on the protection and enforcement of intellectual property rights as
well as on the prevention of their abuse, and shall include support
regarding the establishment or reinforcement of domestic offices and
agencies relevant to these matters, including the training of
personnel.
...
... The
Council for TRIPS shall monitor the operation of this Agreement and,
in particular, Members' compliance with their obligations hereunder,
and shall afford Members the opportunity of consulting on matters
relating to the trade-related aspects of intellectual property
rights. It shall carry out such other responsibilities as assigned
to it by the Members, and it shall, in particular, provide any
assistance requested by them in the context of dispute settlement
procedures. In carrying out its functions, the Council for TRIPS may
consult with and seek information from any source it deems
appropriate. In consultation with WIPO, the Council shall seek to
establish, within one year of its first meeting, appropriate
arrangements for cooperation with bodies of that Organization. ...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 1. This
Agreement does not give rise to obligations in respect of acts which
occurred before the date of application of the Agreement for the
Member in question.
...
... 1. This
Agreement does not give rise to obligations in respect of acts which
occurred before the date of application of the Agreement for the
Member in question.
...
... 2. Except
as otherwise provided for in this Agreement, this Agreement gives
rise to obligations in respect of all subject matter existing at the
date of application of this Agreement for the Member in question, and
which is protected in that Member on the said date, or which meets or
comes subsequently to meet the criteria for protection under the
terms of this Agreement. In respect of this paragraph and
paragraphs 3 and 4, copyright obligations with respect to
existing works shall be solely determined under Article 18 of
the Berne Convention (1971), and obligations with respect to the
rights of producers of phonograms and performers in existing
phonograms shall be determined solely under Article 18 of the
Berne Convention (1971) as made applicable under paragraph 6 of
Article 14 of this Agreement. ...
... 2. Except
as otherwise provided for in this Agreement, this Agreement gives
rise to obligations in respect of all subject matter existing at the
date of application of this Agreement for the Member in question, and
which is protected in that Member on the said date, or which meets or
comes subsequently to meet the criteria for protection under the
terms of this Agreement. In respect of this paragraph and
paragraphs 3 and 4, copyright obligations with respect to
existing works shall be solely determined under Article 18 of
the Berne Convention (1971), and obligations with respect to the
rights of producers of phonograms and performers in existing
phonograms shall be determined solely under Article 18 of the
Berne Convention (1971) as made applicable under paragraph 6 of
Article 14 of this Agreement. ...
... 2. Except
as otherwise provided for in this Agreement, this Agreement gives
rise to obligations in respect of all subject matter existing at the
date of application of this Agreement for the Member in question, and
which is protected in that Member on the said date, or which meets or
comes subsequently to meet the criteria for protection under the
terms of this Agreement. In respect of this paragraph and
paragraphs 3 and 4, copyright obligations with respect to
existing works shall be solely determined under Article 18 of
the Berne Convention (1971), and obligations with respect to the
rights of producers of phonograms and performers in existing
phonograms shall be determined solely under Article 18 of the
Berne Convention (1971) as made applicable under paragraph 6 of
Article 14 of this Agreement. ...
... 2. Except
as otherwise provided for in this Agreement, this Agreement gives
rise to obligations in respect of all subject matter existing at the
date of application of this Agreement for the Member in question, and
which is protected in that Member on the said date, or which meets or
comes subsequently to meet the criteria for protection under the
terms of this Agreement. In respect of this paragraph and
paragraphs 3 and 4, copyright obligations with respect to
existing works shall be solely determined under Article 18 of
the Berne Convention (1971), and obligations with respect to the
rights of producers of phonograms and performers in existing
phonograms shall be determined solely under Article 18 of the
Berne Convention (1971) as made applicable under paragraph 6 of
Article 14 of this Agreement. ...
... 2. Except
as otherwise provided for in this Agreement, this Agreement gives
rise to obligations in respect of all subject matter existing at the
date of application of this Agreement for the Member in question, and
which is protected in that Member on the said date, or which meets or
comes subsequently to meet the criteria for protection under the
terms of this Agreement. In respect of this paragraph and
paragraphs 3 and 4, copyright obligations with respect to
existing works shall be solely determined under Article 18 of
the Berne Convention (1971), and obligations with respect to the
rights of producers of phonograms and performers in existing
phonograms shall be determined solely under Article 18 of the
Berne Convention (1971) as made applicable under paragraph 6 of
Article 14 of this Agreement. ...
... 3. There
shall be no obligation to restore protection to subject matter which
on the date of application of this Agreement for the Member in
question has fallen into the public domain. ...
... 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.
...
... 4. In