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... Recognizing
also the special needs of the least-developed country Members in
respect of maximum flexibility in the domestic implementation of laws
and regulations in order to enable them to create a sound and viable
technological base; ...
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. ...
ARTICLE-3: National Treatment [go to this ARTICLE]
... 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; ...
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.
...
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.
...
ARTICLE-25: Requirements for Protection [go to this ARTICLE]
... 2. Each
Member shall ensure that requirements for securing protection for
textile designs, in particular in regard to any cost, examination or
publication, do not unreasonably impair the opportunity to seek and
obtain such protection. Members shall be free to meet this
obligation through industrial design law or through copyright law. ...
... 2. Each
Member shall ensure that requirements for securing protection for
textile designs, in particular in regard to any cost, examination or
publication, do not unreasonably impair the opportunity to seek and
obtain such protection. Members shall be free to meet this
obligation through industrial design law or through copyright law. ...
ARTICLE-27: Patentable Subject Matter [go to this ARTICLE]
... 2. Members
may exclude from patentability inventions, the prevention within
their territory of the commercial exploitation of which is necessary
to protect ordre public or morality, including to protect
human, animal or plant life or health or to avoid serious prejudice
to the environment, provided that such exclusion is not made merely
because the exploitation is prohibited by their law. ...
ARTICLE-31: Other Use Without Authorization of the Right Holder [go to this ARTICLE]
... Where
the law of a Member allows for other use(7)
of the subject matter of a patent without the authorization of the
right holder, including use by the government or third parties
authorized by the government, the following provisions shall be
respected: ...
... 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. ...
... 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. ...
... 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. ...
... 4. A
Member whose nationals or domiciliaries are subject to proceedings in
another Member concerning alleged violation of that other Member's
laws and regulations on the subject matter of this Section shall,
upon request, be granted an opportunity for consultations by the
other Member under the same conditions as those foreseen in paragraph
3.
...
... 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. ...
... 4. Parties
to a proceeding shall have an opportunity for review by a judicial
authority of final administrative decisions and, subject to
jurisdictional provisions in a Member's law concerning the importance
of a case, of at least the legal aspects of initial judicial
decisions on the merits of a case. However, there shall be no
obligation to provide an opportunity for review of acquittals in
criminal cases. ...
... 5. It is
understood that this Part does not create any obligation to put in
place a judicial system for the enforcement of intellectual property
rights distinct from that for the enforcement of law in general, nor
does it affect the capacity of Members to enforce their law in
general. Nothing in this Part creates any obligation with respect to
the distribution of resources as between enforcement of intellectual
property rights and the enforcement of law in general. ...
... 5. It is
understood that this Part does not create any obligation to put in
place a judicial system for the enforcement of intellectual property
rights distinct from that for the enforcement of law in general, nor
does it affect the capacity of Members to enforce their law in
general. Nothing in this Part creates any obligation with respect to
the distribution of resources as between enforcement of intellectual
property rights and the enforcement of law in general. ...
... 5. It is
understood that this Part does not create any obligation to put in
place a judicial system for the enforcement of intellectual property
rights distinct from that for the enforcement of law in general, nor
does it affect the capacity of Members to enforce their law in
general. Nothing in this Part creates any obligation with respect to
the distribution of resources as between enforcement of intellectual
property rights and the enforcement of law in general. ...
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-48: Indemnification of the Defendant [go to this ARTICLE]
... 2. In
respect of the administration of any law pertaining to the protection
or enforcement of intellectual property rights, Members shall only
exempt both public authorities and officials from liability to
appropriate remedial measures where actions are taken or intended in
good faith in the course of the administration of that law. ...
... 2. In
respect of the administration of any law pertaining to the protection
or enforcement of intellectual property rights, Members shall only
exempt both public authorities and officials from liability to
appropriate remedial measures where actions are taken or intended in
good faith in the course of the administration of that law. ...
... 6. Without
prejudice to paragraph 4, provisional measures taken on the basis of
paragraphs 1 and 2 shall, upon request by the defendant, be
revoked or otherwise cease to have effect, if proceedings leading to
a decision on the merits of the case are not initiated within a
reasonable period, to be determined by the judicial authority
ordering the measures where a Member's law so permits or, in the
absence of such a determination, not to exceed 20 working days or 31
calendar days, whichever is the longer. ...
... 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. ...
... 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]
... 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). ...
... 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). ...
... 4. Nothing
in paragraphs 1, 2 and 3 shall require Members to disclose
confidential information which would impede law enforcement or
otherwise be contrary to the public interest or would prejudice the
legitimate commercial interests of particular enterprises, public or
private. ...
ARTICLE-65: Transitional Arrangements [go to this ARTICLE]
... 3. Any
other Member which is in the process of transformation from a
centrally-planned into a market, free-enterprise economy and which is
undertaking structural reform of its intellectual property system and
facing special problems in the preparation and implementation of
intellectual property laws and regulations, may also benefit from a
period of delay as foreseen in paragraph 2.
...
... 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-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.
...