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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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approvement
[
Global Index
]
ARTICLE-64
[
go to this ARTICLE
]
... 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. ...
... 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. ...
... 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
]
... 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
. ...
... 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
. ...
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