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ARTICLE-1: Nature and Scope of Obligations [go to this ARTICLE]
... 2. For the
purposes of this Agreement, the term "intellectual property"
refers to all categories of intellectual property that are the
subject of Sections 1 through 7 of Part II.
...
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. ...
... 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-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-18: Term of Protection [go to this ARTICLE]
... Term of Protection ...
... Initial
registration, and each renewal of registration, of a trademark shall
be for a term of no less than seven years. The registration of a
trademark shall be renewable indefinitely. ...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... 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. ...
ARTICLE-31: Other Use Without Authorization of the Right Holder [go to this ARTICLE]
... (b) such use may only be permitted if, prior to such use, the
proposed user has made efforts to obtain authorization from the right
holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time.
This requirement may be waived by a Member in the case of a national
emergency or other circumstances of extreme urgency or in cases of
public non-commercial use. In situations of national emergency or
other circumstances of extreme urgency, the right holder shall,
nevertheless, be notified as soon as reasonably practicable. In the
case of public non-commercial use, where the government or
contractor, without making a patent search, knows or has demonstrable
grounds to know that a valid patent is or will be used by or for the
government, the right holder shall be informed promptly; ...
... (ii) the owner of the first patent shall be entitled to a
cross-licence on reasonable terms to use the invention claimed in the
second patent; and ...
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-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. ...
... 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. ...
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. ...
... 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.
...
... (c) provide patent protection in accordance with this Agreement as
from the grant of the patent and for the remainder of the patent
term, counted from the filing date in accordance with Article 33
of this Agreement, for those of these applications that meet the
criteria for protection referred to in subparagraph (b). ...