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... Desiring
to reduce distortions and impediments to international trade, and
taking into account the need to promote effective and adequate
protection of intellectual property rights, and to ensure that
measures and procedures to enforce intellectual property rights do
not themselves become barriers to legitimate trade; ...
... Recognizing
the underlying public policy objectives of national systems for the
protection of intellectual property, including developmental and
technological objectives; ...
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. ...
... 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-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. ...
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: ...
... (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; ...
... (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-5: Multilateral Agreements on Acquisition or [go to this ARTICLE]
... Maintenance of Protection ...
ARTICLE-7: Objectives [go to this ARTICLE]
... The
protection and enforcement of intellectual property rights should
contribute to the promotion of technological innovation and to the
transfer and dissemination of technology, to the mutual advantage of
producers and users of technological knowledge and in a manner
conducive to social and economic welfare, and to a balance of rights
and obligations. ...
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]
... 2. Copyright
protection shall extend to expressions and not to ideas, procedures,
methods of operation or mathematical concepts as such. ...
ARTICLE-10: Computer Programs and Compilations of Data [go to this ARTICLE]
... 1. Computer
programs, whether in source or object code, shall be protected as
literary works under the Berne Convention (1971). ...
... 2. Compilations
of data or other material, whether in machine readable or other form,
which by reason of the selection or arrangement of their contents
constitute intellectual creations shall be protected as such. Such
protection, which shall not extend to the data or material itself,
shall be without prejudice to any copyright subsisting in the data or
material itself. ...
... 2. Compilations
of data or other material, whether in machine readable or other form,
which by reason of the selection or arrangement of their contents
constitute intellectual creations shall be protected as such. Such
protection, which shall not extend to the data or material itself,
shall be without prejudice to any copyright subsisting in the data or
material itself. ...
ARTICLE-12: Term of Protection [go to this ARTICLE]
... Term of Protection ...
... Whenever
the term of protection of a work, other than a photographic work or a
work of applied art, is calculated on a basis other than the life of
a natural person, such term shall be no less than 50 years from
the end of the calendar year of authorized publication, or, failing
such authorized publication within 50 years from the making of the
work, 50 years from the end of the calendar year of making. ...
ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 5. The
term of the protection available under this Agreement to performers
and producers of phonograms shall last at least until the end of a
period of 50 years computed from the end of the calendar year in
which the fixation was made or the performance took place. The term
of protection granted pursuant to paragraph 3 shall last for at
least 20 years from the end of the calendar year in which the
broadcast took place. ...
... 5. The
term of the protection available under this Agreement to performers
and producers of phonograms shall last at least until the end of a
period of 50 years computed from the end of the calendar year in
which the fixation was made or the performance took place. The term
of protection granted pursuant to paragraph 3 shall last for at
least 20 years from the end of the calendar year in which the
broadcast took place. ...
ARTICLE-18: Term of Protection [go to this ARTICLE]
... Term of Protection ...
ARTICLE-19: Requirement of Use [go to this ARTICLE]
... 1. If use
is required to maintain a registration, the registration may be
cancelled only after an uninterrupted period of at least three years
of non-use, unless valid reasons based on the existence of obstacles
to such use are shown by the trademark owner. Circumstances arising
independently of the will of the owner of the trademark which
constitute an obstacle to the use of the trademark, such as import
restrictions on or other government requirements for goods or
services protected by the trademark, shall be recognized as valid
reasons for non-use. ...
ARTICLE-22: Protection of Geographical Indications [go to this ARTICLE]
... Protection of Geographical Indications ...
... 4. The
protection under paragraphs 1, 2 and 3 shall be applicable against a
geographical indication which, although literally true as to the
territory, region or locality in which the goods originate, falsely
represents to the public that the goods originate in another
territory. ...
... Additional Protection for Geographical
Indications
...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 9. There
shall be no obligation under this Agreement to protect geographical
indications which are not or cease to be protected in their country
of origin, or which have fallen into disuse in that country. ...
... 9. There
shall be no obligation under this Agreement to protect geographical
indications which are not or cease to be protected in their country
of origin, or which have fallen into disuse in that country. ...
ARTICLE-25: Requirements for Protection [go to this ARTICLE]
... Requirements for Protection ...
... 1. Members
shall provide for the protection of independently created industrial
designs that are new or original. Members may provide that designs
are not new or original if they do not significantly differ from
known designs or combinations of known design features. Members may
provide that such protection shall not extend to designs dictated
essentially by technical or functional considerations. ...
... 1. Members
shall provide for the protection of independently created industrial
designs that are new or original. Members may provide that designs
are not new or original if they do not significantly differ from
known designs or combinations of known design features. Members may
provide that such protection shall not extend to designs dictated
essentially by technical or functional considerations. ...
... 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-26: Protection [go to this ARTICLE]
... Protection ...
... 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.
...
... 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.
...
... 2. Members
may provide limited exceptions to the protection of industrial
designs, provided that such exceptions do not unreasonably conflict
with the normal exploitation of protected industrial designs and do
not unreasonably prejudice the legitimate interests of the owner of
the protected design, taking account of the legitimate interests of
third parties. ...
... 2. Members
may provide limited exceptions to the protection of industrial
designs, provided that such exceptions do not unreasonably conflict
with the normal exploitation of protected industrial designs and do
not unreasonably prejudice the legitimate interests of the owner of
the protected design, taking account of the legitimate interests of
third parties. ...
... 2. Members
may provide limited exceptions to the protection of industrial
designs, provided that such exceptions do not unreasonably conflict
with the normal exploitation of protected industrial designs and do
not unreasonably prejudice the legitimate interests of the owner of
the protected design, taking account of the legitimate interests of
third parties. ...
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. ...
... 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. ...
... (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-31: Other Use Without Authorization of the Right Holder [go to this ARTICLE]
... (g) authorization for such use shall be liable, subject to adequate
protection of the legitimate interests of the persons so authorized,
to be terminated if and when the circumstances which led to it cease
to exist and are unlikely to recur. The competent authority shall
have the authority to review, upon motivated request, the continued
existence of these circumstances; ...
ARTICLE-33: Term of Protection [go to this ARTICLE]
... Term of Protection ...
... The
term of protection available shall not end before the expiration of a
period of twenty years counted from the filing date.(8)
...
ARTICLE-34: Process Patents: Burden of Proof [go to this ARTICLE]
... 3. In the
adduction of proof to the contrary, the legitimate interests of
defendants in protecting their manufacturing and business secrets
shall be taken into account.
...
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. ...
ARTICLE-36: Scope of the Protection [go to this ARTICLE]
... Scope of the Protection ...
... 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-38: Term of Protection [go to this ARTICLE]
... Term of Protection ...
... 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. ...
... 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. 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. ...
... 3. Notwithstanding
paragraphs 1 and 2, a Member may provide that protection shall lapse
15 years after the creation of the layout-design. ...
... 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. ...
... 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. ...
... 3. Members,
when requiring, as a condition of approving the marketing of
pharmaceutical or of agricultural chemical products which utilize new
chemical entities, the submission of undisclosed test or other data,
the origination of which involves a considerable effort, shall
protect such data against unfair commercial use. In addition,
Members shall protect such data against disclosure, except where
necessary to protect the public, or unless steps are taken to ensure
that the data are protected against unfair commercial use. ...
... 3. Members,
when requiring, as a condition of approving the marketing of
pharmaceutical or of agricultural chemical products which utilize new
chemical entities, the submission of undisclosed test or other data,
the origination of which involves a considerable effort, shall
protect such data against unfair commercial use. In addition,
Members shall protect such data against disclosure, except where
necessary to protect the public, or unless steps are taken to ensure
that the data are protected against unfair commercial use. ...
... 3. Members,
when requiring, as a condition of approving the marketing of
pharmaceutical or of agricultural chemical products which utilize new
chemical entities, the submission of undisclosed test or other data,
the origination of which involves a considerable effort, shall
protect such data against unfair commercial use. In addition,
Members shall protect such data against disclosure, except where
necessary to protect the public, or unless steps are taken to ensure
that the data are protected against unfair commercial use. ...
... 3. Members,
when requiring, as a condition of approving the marketing of
pharmaceutical or of agricultural chemical products which utilize new
chemical entities, the submission of undisclosed test or other data,
the origination of which involves a considerable effort, shall
protect such data against unfair commercial use. In addition,
Members shall protect such data against disclosure, except where
necessary to protect the public, or unless steps are taken to ensure
that the data are protected against unfair commercial use. ...
ARTICLE-42: Fair and Equitable Procedures [go to this ARTICLE]
... Members
shall make available to right holders(11)
civil judicial procedures concerning the enforcement of any
intellectual property right covered by this Agreement. Defendants
shall have the right to written notice which is timely and contains
sufficient detail, including the basis of the claims. Parties shall
be allowed to be represented by independent legal counsel, and
procedures shall not impose overly burdensome requirements concerning
mandatory personal appearances. All parties to such procedures shall
be duly entitled to substantiate their claims and to present all
relevant evidence. The procedure shall provide a means to identify
and protect confidential information, unless this would be contrary
to existing constitutional requirements. ...
ARTICLE-43: Evidence [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority, where a party has
presented reasonably available evidence sufficient to support its
claims and has specified evidence relevant to substantiation of its
claims which lies in the control of the opposing party, to order that
this evidence be produced by the opposing party, subject in
appropriate cases to conditions which ensure the protection of
confidential information.
...
ARTICLE-44: Injunctions [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority to order a party to
desist from an infringement, inter alia to prevent the entry
into the channels of commerce in their jurisdiction of imported goods
that involve the infringement of an intellectual property right,
immediately after customs clearance of such goods. Members are not
obliged to accord such authority in respect of protected subject
matter acquired or ordered by a person prior to knowing or having
reasonable grounds to know that dealing in such subject matter would
entail the infringement of an intellectual property right.
...
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. ...
... 3. The
judicial authorities shall have the authority to require the
applicant to provide any reasonably available evidence in order to
satisfy themselves with a sufficient degree of certainty that the
applicant is the right holder and that the applicant's right is
being infringed or that such infringement is imminent, and to order
the applicant to provide a security or equivalent assurance
sufficient to protect the defendant and to prevent abuse. ...
... 1. The
competent authorities shall have the authority to require an
applicant to provide a security or equivalent assurance sufficient to
protect the defendant and the competent authorities and to prevent
abuse. Such security or equivalent assurance shall not unreasonably
deter recourse to these procedures. ...
... 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. ...
... Without
prejudice to the protection of confidential information, Members
shall provide the competent authorities the authority to give the
right holder sufficient opportunity to have any goods detained by the
customs authorities inspected in order to substantiate the right
holder's claims. The competent authorities shall also have
authority to give the importer an equivalent opportunity to have any
such goods inspected. Where a positive determination has been made
on the merits of a case, Members may provide the competent
authorities the authority to inform the right holder of the names and
addresses of the consignor, the importer and the consignee and of the
quantity of the goods in question. ...
... 2. Where
the acquisition of an intellectual property right is subject to the
right being granted or registered, Members shall ensure that the
procedures for grant or registration, subject to compliance with the
substantive conditions for acquisition of the right, permit the
granting or registration of the right within a reasonable period of
time so as to avoid unwarranted curtailment of the period of
protection. ...
ARTICLE-65: Transitional Arrangements [go to this ARTICLE]
... 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-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.
...
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. ...
... 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.
...
... 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. ...
... 7. In the
case of intellectual property rights for which protection is
conditional upon registration, applications for