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... Members, ...
... 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. ...
... 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. ...
... 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").
...
... 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").
...
... 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). ...
... 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. ...
... 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. ...
... 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. ...
... 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]
... With
regard to the protection of intellectual property, any advantage,
favour, privilege or immunity granted by a Member to the nationals of
any other country shall be accorded immediately and unconditionally
to the nationals of all other Members. Exempted from this obligation
are any advantage, favour, privilege or immunity accorded by a
Member: ...
... With
regard to the protection of intellectual property, any advantage,
favour, privilege or immunity granted by a Member to the nationals of
any other country shall be accorded immediately and unconditionally
to the nationals of all other Members. Exempted from this obligation
are any advantage, favour, privilege or immunity accorded by a
Member: ...
... With
regard to the protection of intellectual property, any advantage,
favour, privilege or immunity granted by a Member to the nationals of
any other country shall be accorded immediately and unconditionally
to the nationals of all other Members. Exempted from this obligation
are any advantage, favour, privilege or immunity accorded by a
Member: ...
... (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-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-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-11: Rental Rights [go to this ARTICLE]
... In
respect of at least computer programs and cinematographic works, a
Member shall provide authors and their successors in title the right
to authorize or to prohibit the commercial rental to the public of
originals or copies of their copyright works. A Member shall be
excepted from this obligation in respect of cinematographic works
unless such rental has led to widespread copying of such works which
is materially impairing the exclusive right of reproduction conferred
in that Member on authors and their successors in title. In respect
of computer programs, this obligation does not apply to rentals where
the program itself is not the essential object of the rental. ...
... In
respect of at least computer programs and cinematographic works, a
Member shall provide authors and their successors in title the right
to authorize or to prohibit the commercial rental to the public of
originals or copies of their copyright works. A Member shall be
excepted from this obligation in respect of cinematographic works
unless such rental has led to widespread copying of such works which
is materially impairing the exclusive right of reproduction conferred
in that Member on authors and their successors in title. In respect
of computer programs, this obligation does not apply to rentals where
the program itself is not the essential object of the rental. ...
... In
respect of at least computer programs and cinematographic works, a
Member shall provide authors and their successors in title the right
to authorize or to prohibit the commercial rental to the public of
originals or copies of their copyright works. A Member shall be
excepted from this obligation in respect of cinematographic works
unless such rental has led to widespread copying of such works which
is materially impairing the exclusive right of reproduction conferred
in that Member on authors and their successors in title. In respect
of computer programs, this obligation does not apply to rentals where
the program itself is not the essential object of the rental. ...
ARTICLE-13: Limitations and Exceptions [go to this ARTICLE]
... Members
shall confine limitations or exceptions to exclusive rights to
certain special cases which do not conflict with a normal
exploitation of the work and do not unreasonably prejudice the
legitimate interests of the right holder.
...
ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 3. Broadcasting
organizations shall have the right to prohibit the following acts
when undertaken without their authorization: the fixation, the
reproduction of fixations, and the rebroadcasting by wireless means
of broadcasts, as well as the communication to the public of
television broadcasts of the same. Where Members do not grant such
rights to broadcasting organizations, they shall provide owners of
copyright in the subject matter of broadcasts with the possibility of
preventing the above acts, subject to the provisions of the Berne
Convention (1971). ...
... 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.
...
... 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-15: Protectable Subject Matter [go to this ARTICLE]
... 1. Any
sign, or any combination of signs, capable of distinguishing the
goods or services of one undertaking from those of other
undertakings, shall be capable of constituting a trademark. Such
signs, in particular words including personal names, letters,
numerals, figurative elements and combinations of colours as well as
any combination of such signs, shall be eligible for registration as
trademarks. Where signs are not inherently capable of distinguishing
the relevant goods or services, Members may make registrability
depend on distinctiveness acquired through use. Members may require,
as a condition of registration, that signs be visually perceptible. ...
... 1. Any
sign, or any combination of signs, capable of distinguishing the
goods or services of one undertaking from those of other
undertakings, shall be capable of constituting a trademark. Such
signs, in particular words including personal names, letters,
numerals, figurative elements and combinations of colours as well as
any combination of such signs, shall be eligible for registration as
trademarks. Where signs are not inherently capable of distinguishing
the relevant goods or services, Members may make registrability
depend on distinctiveness acquired through use. Members may require,
as a condition of registration, that signs be visually perceptible. ...
... 2. Paragraph
1 shall not be understood to prevent a Member from denying
registration of a trademark on other grounds, provided that they do
not derogate from the provisions of the Paris Convention (1967).
...
... 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. ...
... 5. Members
shall publish each trademark either before it is registered or
promptly after it is registered and shall afford a reasonable
opportunity for petitions to cancel the registration. In addition,
Members may afford an opportunity for the registration of a trademark
to be opposed. ...
... 5. Members
shall publish each trademark either before it is registered or
promptly after it is registered and shall afford a reasonable
opportunity for petitions to cancel the registration. In addition,
Members may afford an opportunity for the registration of a trademark
to be opposed. ...
ARTICLE-16: Rights Conferred [go to this ARTICLE]
... 1. The
owner of a registered trademark shall have the exclusive right to
prevent all third parties not having the owner's consent from
using in the course of trade identical or similar signs for goods or
services which are identical or similar to those in respect of which
the trademark is registered where such use would result in a
likelihood of confusion. In case of the use of an identical sign for
identical goods or services, a likelihood of confusion shall be
presumed. The rights described above shall not prejudice any
existing prior rights, nor shall they affect the possibility of
Members making rights available on the basis of use. ...
... 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. ...
... 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. ...
ARTICLE-17: Exceptions [go to this ARTICLE]
... Members
may provide limited exceptions to the rights conferred by a
trademark, such as fair use of descriptive terms, provided that such
exceptions take account of the legitimate interests of the owner of
the trademark and of third parties. ...
ARTICLE-21: Licensing and Assignment [go to this ARTICLE]
... Members
may determine conditions on the licensing and assignment of
trademarks, it being understood that the compulsory licensing of
trademarks shall not be permitted and that the owner of a registered
trademark shall have the right to assign the trademark with or
without the transfer of the business to which the trademark belongs.
...
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. ...
... 2. In
respect of geographical indications, Members shall provide the legal
means for interested parties to prevent:
...
... 3. A
Member shall, ex officio if its legislation so permits or
at the request of an interested party, refuse or invalidate the
registration of a trademark which contains or consists of a
geographical indication with respect to goods not originating in the
territory indicated, if use of the indication in the trademark for
such goods in that Member is of such a nature as to mislead the
public as to the true place of origin. ...
... 3. A
Member shall, ex officio if its legislation so permits or
at the request of an interested party, refuse or invalidate the
registration of a trademark which contains or consists of a
geographical indication with respect to goods not originating in the
territory indicated, if use of the indication in the trademark for
such goods in that Member is of such a nature as to mislead the
public as to the true place of origin. ...
... 1. Each
Member shall provide the legal means for interested parties to
prevent use of a geographical indication identifying wines for wines
not originating in the place indicated by the geographical indication
in question or identifying spirits for spirits not originating in the
place indicated by the geographical indication in question, even
where the true origin of the goods is indicated or the geographical
indication is used in translation or accompanied by expressions such
as "kind", "type", "style", "imitation"
or the like.(4)
...
... 2. The
registration of a trademark for wines which contains or consists of a
geographical indication identifying wines or for spirits which
contains or consists of a geographical indication identifying spirits
shall be refused or invalidated, ex officio if a Member's
legislation so permits or at the request of an interested party, with
respect to such wines or spirits not having this origin. ...
... 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. ...
... 4. In
order to facilitate the protection of geographical indications for
wines, negotiations shall be undertaken in the Council for TRIPS
concerning the establishment of a multilateral system of notification
and registration of geographical indications for wines eligible for
protection in those Members participating in the system. ...
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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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