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ARTICLE-1: Nature and Scope of Obligations [go to this ARTICLE]
... 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").
...
... 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). ...
... 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). ...
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. ...
... 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. ...
ARTICLE-5: Multilateral Agreements on Acquisition or [go to this ARTICLE]
... 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. ...
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. ...
... 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]
... 4. The
provisions of Article 11 in respect of computer programs shall apply
mutatis mutandis to producers of phonograms and any other
right holders in phonograms as determined in a Member's law. If on
15 April 1994 a Member has in force a system of equitable
remuneration of right holders in respect of the rental of phonograms,
it may maintain such system provided that the commercial rental of
phonograms is not giving rise to the material impairment of the
exclusive rights of reproduction of right holders.
...
... 6. Any
Member may, in relation to the rights conferred under paragraphs 1,
2 and 3, provide for conditions, limitations, exceptions and
reservations to the extent permitted by the Rome Convention.
However, the provisions of Article 18 of the Berne Convention (1971)
shall also apply, mutatis mutandis, to the rights of
performers and producers of phonograms in phonograms. ...
ARTICLE-16: Rights Conferred [go to this ARTICLE]
... 2. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to services. In determining whether a trademark is
well-known, Members shall take account of the knowledge of the
trademark in the relevant sector of the public, including knowledge
in the Member concerned which has been obtained as a result of the
promotion of the trademark. ...
... 3. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to goods or services which are not similar to those in
respect of which a trademark is registered, provided that use of that
trademark in relation to those goods or services would indicate a
connection between those goods or services and the owner of the
registered trademark and provided that the interests of the owner of
the registered trademark are likely to be damaged by such use. ...
ARTICLE-22: Protection of Geographical Indications [go to this ARTICLE]
... (b) any use which constitutes an act of unfair
competition within the meaning of Article 10bis of the
Paris Convention (1967). ...
... 3. In the
case of homonymous geographical indications for wines, protection
shall be accorded to each indication, subject to the provisions of
paragraph 4 of Article 22. Each Member shall determine the practical
conditions under which the homonymous indications in question will be
differentiated from each other, taking into account the need to
ensure equitable treatment of the producers concerned and that
consumers are not misled. ...
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. ...
ARTICLE-26: Protection [go to this ARTICLE]
... 1. The
owner of a protected industrial design shall have the right to
prevent third parties not having the owner's consent from
making, selling or importing articles bearing or embodying a design
which is a copy, or substantially a copy, of the protected design,
when such acts are undertaken for commercial purposes.
...
ARTICLE-27: Patentable Subject Matter [go to this ARTICLE]
... 1. Subject
to the provisions of paragraphs 2 and 3, patents shall be
available for any inventions, whether products or processes, in all
fields of technology, provided that they are new, involve an
inventive step and are capable of industrial application.(5)
Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, patents shall
be available and patent rights enjoyable without discrimination as to
the place of invention, the field of technology and whether products
are imported or locally produced. ...
... 1. Subject
to the provisions of paragraphs 2 and 3, patents shall be
available for any inventions, whether products or processes, in all
fields of technology, provided that they are new, involve an
inventive step and are capable of industrial application.(5)
Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, patents shall
be available and patent rights enjoyable without discrimination as to
the place of invention, the field of technology and whether products
are imported or locally produced. ...
... 1. Subject
to the provisions of paragraphs 2 and 3, patents shall be
available for any inventions, whether products or processes, in all
fields of technology, provided that they are new, involve an
inventive step and are capable of industrial application.(5)
Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, patents shall
be available and patent rights enjoyable without discrimination as to
the place of invention, the field of technology and whether products
are imported or locally produced. ...
ARTICLE-34: Process Patents: Burden of Proof [go to this ARTICLE]
... 1. For the
purposes of civil proceedings in respect of the infringement of the
rights of the owner referred to in paragraph 1(b) of Article 28,
if the subject matter of a patent is a process for obtaining a
product, the judicial authorities shall have the authority to order
the defendant to prove that the process to obtain an identical
product is different from the patented process. Therefore, Members
shall provide, in at least one of the following circumstances, that
any identical product when produced without the consent of the patent
owner shall, in the absence of proof to the contrary, be deemed to
have been obtained by the patented process: ...
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. ...
... 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. ...
... 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. ...
... 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. ...
ARTICLE-36: Scope of the Protection [go to this ARTICLE]
... Subject
to the provisions of paragraph 1 of Article 37, Members
shall consider unlawful the following acts if performed without the
authorization of the right holder:(9)
importing, selling, or otherwise distributing for commercial
purposes a protected layout-design, an integrated circuit in which a
protected layout-design is incorporated, or an article incorporating
such an integrated circuit only in so far as it continues to contain
an unlawfully reproduced layout-design. ...
... Subject
to the provisions of paragraph 1 of Article 37, Members
shall consider unlawful the following acts if performed without the
authorization of the right holder:(9)
importing, selling, or otherwise distributing for commercial
purposes a protected layout-design, an integrated circuit in which a
protected layout-design is incorporated, or an article incorporating
such an integrated circuit only in so far as it continues to contain
an unlawfully reproduced layout-design. ...
ARTICLE-37: Acts Not Requiring the Authorization of the Right Holder [go to this ARTICLE]
... 1. Notwithstanding
Article 36, no Member shall consider unlawful the performance of any
of the acts referred to in that Article in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that
the layout-design was unlawfully reproduced, that person may perform
any of the acts with respect to the stock on hand or ordered before
such time, but shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a
freely negotiated licence in respect of such a layout-design. ...
... 1. Notwithstanding
Article 36, no Member shall consider unlawful the performance of any
of the acts referred to in that Article in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that
the layout-design was unlawfully reproduced, that person may perform
any of the acts with respect to the stock on hand or ordered before
such time, but shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a
freely negotiated licence in respect of such a layout-design. ...
... 1. Notwithstanding
Article 36, no Member shall consider unlawful the performance of any
of the acts referred to in that Article in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that
the layout-design was unlawfully reproduced, that person may perform
any of the acts with respect to the stock on hand or ordered before
such time, but shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a
freely negotiated licence in respect of such a layout-design. ...
... 1. Notwithstanding
Article 36, no Member shall consider unlawful the performance of any
of the acts referred to in that Article in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that
the layout-design was unlawfully reproduced, that person may perform
any of the acts with respect to the stock on hand or ordered before
such time, but shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a
freely negotiated licence in respect of such a layout-design. ...
... 2. The
conditions set out in subparagraphs (a) through (k) of Article 31
shall apply mutatis mutandis in the event of any non-voluntary
licensing of a layout-design or of its use by or for the government
without the authorization of the right holder. ...
... 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. ...
... 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. ...
... 2. Where
pursuant to an application under this Section the release of goods
involving industrial designs, patents, layout-designs or undisclosed
information into free circulation has been suspended by customs
authorities on the basis of a decision other than by a judicial or
other independent authority, and the period provided for in
Article 55 has expired without the granting of provisional
relief by the duly empowered authority, and provided that all other
conditions for importation have been complied with, the owner,
importer, or consignee of such goods shall be entitled to their
release on the posting of a security in an amount sufficient to
protect the right holder for any infringement. Payment of such
security shall not prejudice any other remedy available to the right
holder, it being understood that the security shall be released if
the right holder fails to pursue the right of action within a
reasonable period of time. ...
ARTICLE-54: Notice of Suspension [go to this ARTICLE]
... The
importer and the applicant shall be promptly notified of the
suspension of the release of goods according to Article 51. ...
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. ...
... Relevant
authorities shall have the authority to order the applicant to pay
the importer, the consignee and the owner of the goods appropriate
compensation for any injury caused to them through the wrongful
detention of goods or through the detention of goods released
pursuant to Article 55. ...
ARTICLE-58: Ex Officio Action [go to this ARTICLE]
... (b) the importer and the right holder shall be
promptly notified of the suspension. Where the importer has lodged
an appeal against the suspension with the competent authorities, the
suspension shall be subject to the conditions, mutatis mutandis,
set out at Article 55; ...
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. ...
... 4. Procedures
concerning the acquisition or maintenance of intellectual property
rights and, where a Member's law provides for such procedures,
administrative revocation and inter partes procedures
such as opposition, revocation and cancellation, shall be governed by
the general principles set out in paragraphs 2 and 3 of
Article 41. ...
ARTICLE-63: Transparency [go to this ARTICLE]
... 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). ...
... 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. ...
... 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]
... 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. ...
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. ...
... 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-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 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. ...
... 5. A
Member is not obliged to apply the provisions of Article 11 and
of paragraph 4 of Article 14 with respect to originals or
copies purchased prior to the date of application of this Agreement
for that Member. ...
... 5. A
Member is not obliged to apply the provisions of Article 11 and
of paragraph 4 of Article 14 with respect to originals or
copies purchased prior to the date of application of this Agreement
for that Member. ...
... 6. Members
shall not be required to apply Article 31, or the requirement in
paragraph 1 of Article 27 that patent rights shall be
enjoyable without discrimination as to the field of technology, to
use without the authorization of the right holder where authorization
for such use was granted by the government before the date this
Agreement became known. ...
... 6. Members
shall not be required to apply Article 31, or the requirement in
paragraph 1 of Article 27 that patent rights shall be
enjoyable without discrimination as to the field of technology, to
use without the authorization of the right holder where authorization
for such use was granted by the government before the date this
Agreement became known. ...
... 8. Where a
Member does not make available as of the date of entry into force of
the WTO Agreement patent protection for pharmaceutical and
agricultural chemical products commensurate with its obligations
under Article 27, that Member shall: ...
... (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). ...
... 1. The
Council for TRIPS shall review the implementation of this Agreement
after the expiration of the transitional period referred to in
paragraph 2 of Article 65. The Council shall, having
regard to the experience gained in its implementation, review it two
years after that date, and at identical intervals thereafter. The
Council may also undertake reviews in the light of any relevant new
developments which might warrant modification or amendment of this
Agreement.
...
... 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.
...