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... (b) the provision of adequate standards and principles concerning the
availability, scope and use of trade-related intellectual property
rights; ...
... (c) the provision of effective and appropriate means for the
enforcement of trade-related intellectual property rights, taking
into account differences in national legal systems; ...
... (d) the provision of effective and expeditious procedures for the
multilateral prevention and settlement of disputes between
governments; and ...
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").
...
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. ...
... 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]
... (b) granted in accordance with the provisions of the Berne Convention
(1971) or the Rome Convention authorizing that the treatment accorded
be a function not of national treatment but of the treatment accorded
in another country;
...
ARTICLE-6: Exhaustion [go to this ARTICLE]
... For the
purposes of dispute settlement under this Agreement, subject to the
provisions of Articles 3 and 4 nothing in this Agreement shall
be used to address the issue of the exhaustion of intellectual
property rights. ...
ARTICLE-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.
...
... 2. Appropriate
measures, provided that they are consistent with the provisions of
this Agreement, may be needed to prevent the abuse of intellectual
property rights by right holders or the resort to practices which
unreasonably restrain trade or adversely affect the international
transfer of technology.
...
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.
...
... 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]
... 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. In the
case of homonymous geographical indications for wines, protection
shall be accorded to each indication, subject to the provisions of
paragraph 4 of Article 22. Each Member shall determine the practical
conditions under which the homonymous indications in question will be
differentiated from each other, taking into account the need to
ensure equitable treatment of the producers concerned and that
consumers are not misled. ...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... 1. Members
agree to enter into negotiations aimed at increasing the protection
of individual geographical indications under Article 23. The
provisions of paragraphs 4 through 8 below shall not be used by
a Member to refuse to conduct negotiations or to conclude bilateral
or multilateral agreements. In the context of such negotiations,
Members shall be willing to consider the continued applicability of
these provisions to individual geographical indications whose use was
the subject of such negotiations. ...
... 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. ...
... (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. ...
... 8. The
provisions of this Section shall in no way prejudice the right of any
person to use, in the course of trade, that person's name or
the name of that person's predecessor in business, except where
such name is used in such a manner as to mislead the public. ...
ARTICLE-27: Patentable Subject Matter [go to this ARTICLE]
... 1. Subject
to the provisions of paragraphs 2 and 3, patents shall be
available for any inventions, whether products or processes, in all
fields of technology, provided that they are new, involve an
inventive step and are capable of industrial application.(5)
Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, patents shall
be available and patent rights enjoyable without discrimination as to
the place of invention, the field of technology and whether products
are imported or locally produced. ...
... (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]
... 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: ...
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]
... 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. ...
... 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. ...
... 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. ...
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. ...
... 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-51: Suspension of Release by Customs Authorities [go to this ARTICLE]
... Members
shall, in conformity with the provisions set out below, adopt
procedures(13)
to enable a right holder, who has valid grounds for suspecting that
the importation of counterfeit trademark or pirated copyright goods(14)
may take place, to lodge an application in writing with competent
authorities, administrative or judicial, for the suspension by the
customs authorities of the release into free circulation of such
goods. Members may enable such an application to be made in respect
of goods which involve other infringements of intellectual property
rights, provided that the requirements of this Section are met.
Members may also provide for corresponding procedures concerning the
suspension by the customs authorities of the release of infringing
goods destined for exportation from their territories. ...
ARTICLE-55: Duration of Suspension [go to this ARTICLE]
... If,
within a period not exceeding 10 working days after the applicant has
been served notice of the suspension, the customs authorities have
not been informed that proceedings leading to a decision on the
merits of the case have been initiated by a party other than the
defendant, or that the duly empowered authority has taken provisional
measures prolonging the suspension of the release of the goods, the
goods shall be released, provided that all other conditions for
importation or exportation have been complied with; in appropriate
cases, this time-limit may be extended by another 10 working days.
If proceedings leading to a decision on the merits of the case have
been initiated, a review, including a right to be heard, shall take
place upon request of the defendant with a view to deciding, within a
reasonable period, whether these measures shall be modified, revoked
or confirmed. Notwithstanding the above, where the suspension of the
release of goods is carried out or continued in accordance with a
provisional judicial measure, the provisions of paragraph 6 of
Article 50 shall apply. ...
ARTICLE-60: De Minimis Imports [go to this ARTICLE]
... Members
may exclude from the application of the above provisions small
quantities of goods of a non-commercial nature contained in
travellers' personal luggage or sent in small consignments. ...
... 1. Members
may require, as a condition of the acquisition or maintenance of the
intellectual property rights provided for under Sections 2 through 6
of Part II, compliance with reasonable procedures and
formalities. Such procedures and formalities shall be consistent
with the provisions of this Agreement. ...
ARTICLE-63: Transparency [go to this ARTICLE]
... 2. Members
shall notify the laws and regulations referred to in paragraph 1
to the Council for TRIPS in order to assist that Council in its
review of the operation of this Agreement. The Council shall attempt
to minimize the burden on Members in carrying out this obligation and
may decide to waive the obligation to notify such laws and
regulations directly to the Council if consultations with WIPO on the
establishment of a common register containing these laws and
regulations are successful. The Council shall also consider in this
connection any action required regarding notifications pursuant to
the obligations under this Agreement stemming from the provisions of
Article 6ter of the Paris Convention (1967). ...
... 1. The
provisions of Articles XXII and XXIII of GATT 1994 as elaborated and
applied by the Dispute Settlement Understanding shall apply to
consultations and the settlement of disputes under this Agreement
except as otherwise specifically provided herein. ...
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. ...
... 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. ...
... 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-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]
... 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. ...
... 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. ...
... (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; ...
... 9. Where a
product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall
be granted, notwithstanding the provisions of Part VI, for a
period of five years after obtaining marketing approval in that
Member or until a product patent is granted or rejected in that
Member, whichever period is shorter, provided that, subsequent to the
entry into force of the WTO Agreement, a patent application has been
filed and a patent granted for that product in another Member and
marketing approval obtained in such other Member.
...
ARTICLE-72: Reservations [go to this ARTICLE]
... Reservations
may not be entered in respect of any of the provisions of this
Agreement without the consent of the other Members.
...