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ARTICLE-15: Protectable Subject Matter [go to this ARTICLE]
... 3. Members
may make registrability depend on use. However, actual use of a
trademark shall not be a condition for filing an application for
registration. An application shall not be refused solely on the
ground that intended use has not taken place before the expiry of a
period of three years from the date of application. ...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... 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. ...
... 4. Nothing
in this Section shall require a Member to prevent continued and
similar use of a particular geographical indication of another Member
identifying wines or spirits in connection with goods or services by
any of its nationals or domiciliaries who have used that geographical
indication in a continuous manner with regard to the same or related
goods or services in the territory of that Member either (a) for
at least 10 years preceding 15 April 1994 or (b) in good
faith preceding that date. ...
... (a) before the date of application of these provisions in that Member
as defined in Part VI; or ...
... 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. ...
... 7. A
Member may provide that any request made under this Section in
connection with the use or registration of a trademark must be
presented within five years after the adverse use of the protected
indication has become generally known in that Member or after the
date of registration of the trademark in that Member provided that
the trademark has been published by that date, if such date is
earlier than the date on which the adverse use became generally known
in that Member, provided that the geographical indication is not used
or registered in bad faith. ...
... 7. A
Member may provide that any request made under this Section in
connection with the use or registration of a trademark must be
presented within five years after the adverse use of the protected
indication has become generally known in that Member or after the
date of registration of the trademark in that Member provided that
the trademark has been published by that date, if such date is
earlier than the date on which the adverse use became generally known
in that Member, provided that the geographical indication is not used
or registered in bad faith. ...
... 7. A
Member may provide that any request made under this Section in
connection with the use or registration of a trademark must be
presented within five years after the adverse use of the protected
indication has become generally known in that Member or after the
date of registration of the trademark in that Member provided that
the trademark has been published by that date, if such date is
earlier than the date on which the adverse use became generally known
in that Member, provided that the geographical indication is not used
or registered in bad faith. ...
... 7. A
Member may provide that any request made under this Section in
connection with the use or registration of a trademark must be
presented within five years after the adverse use of the protected
indication has become generally known in that Member or after the
date of registration of the trademark in that Member provided that
the trademark has been published by that date, if such date is
earlier than the date on which the adverse use became generally known
in that Member, provided that the geographical indication is not used
or registered in bad faith. ...
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-29: Conditions on Patent Applicants [go to this ARTICLE]
... 1. Members
shall require that an applicant for a patent shall disclose the
invention in a manner sufficiently clear and complete for the
invention to be carried out by a person skilled in the art and may
require the applicant to indicate the best mode for carrying out the
invention known to the inventor at the filing date or, where priority
is claimed, at the priority date of the application. ...
... 1. Members
shall require that an applicant for a patent shall disclose the
invention in a manner sufficiently clear and complete for the
invention to be carried out by a person skilled in the art and may
require the applicant to indicate the best mode for carrying out the
invention known to the inventor at the filing date or, where priority
is claimed, at the priority date of the application. ...
ARTICLE-33: Term of Protection [go to this ARTICLE]
... The
term of protection available shall not end before the expiration of a
period of twenty years counted from the filing date.(8)
...
ARTICLE-38: Term of Protection [go to this ARTICLE]
... 1. In
Members requiring registration as a condition of protection, the term
of protection of layout-designs shall not end before the expiration
of a period of 10 years counted from the date of filing an
application for registration or from the first commercial
exploitation wherever in the world it occurs. ...
... 2. In
Members not requiring registration as a condition for protection,
layout-designs shall be protected for a term of no less than 10 years
from the date of the first commercial exploitation wherever in the
world it occurs. ...
... 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. ...
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. ...
... 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. ...
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-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.
...
... 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
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.
...
... 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. ...
... 7. In the
case of intellectual property rights for which protection is
conditional upon registration, applications for protection which are
pending on the date of application of this Agreement for the Member
in question shall be permitted to be amended to claim any enhanced
protection provided under the provisions of this Agreement. Such
amendments shall not include new matter. ...
... 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: ...
... (a) notwithstanding the provisions of Part VI, provide as from
the date of entry into force of the WTO Agreement a means by which
applications for patents for such inventions can be filed; ...
... (b) apply to these applications, as of the date of application of
this Agreement, the criteria for patentability as laid down in this
Agreement as if those criteria were being applied on the date of
filing in that Member or, where priority is available and claimed,
the priority date of the application; and ...
... (b) apply to these applications, as of the date of application of
this Agreement, the criteria for patentability as laid down in this
Agreement as if those criteria were being applied on the date of
filing in that Member or, where priority is available and claimed,
the priority date of the application; and ...
... (b) apply to these applications, as of the date of application of
this Agreement, the criteria for patentability as laid down in this
Agreement as if those criteria were being applied on the date of
filing in that Member or, where priority is available and claimed,
the priority date of the application; and ...
... (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.
...