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ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 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). ...
... 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). ...
ARTICLE-22: Protection of Geographical Indications [go to this ARTICLE]
... (b) any use which constitutes an act of unfair
competition within the meaning of Article 10bis of the
Paris Convention (1967). ...
ARTICLE-26: Protection [go to this ARTICLE]
... 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.
...
ARTICLE-28: Rights Conferred [go to this ARTICLE]
... (a) where the subject matter of a patent is a
product, to prevent third parties not having the owner's
consent from the acts of: making, using, offering for sale, selling,
or importing(6)
for these purposes that product; ...
... (b) where the subject matter of a patent is a process, to prevent
third parties not having the owner's consent from the act of
using the process, and from the acts of: using, offering for
sale, selling, or importing for these purposes at least the product
obtained directly by that process. ...
... (b) where the subject matter of a patent is a process, to prevent
third parties not having the owner's consent from the act of
using the process, and from the acts of: using, offering for
sale, selling, or importing for these purposes at least the product
obtained directly by that process. ...
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. ...
ARTICLE-37: Acts Not Requiring the Authorization of the Right Holder [go to this ARTICLE]
... 1. Notwithstanding
Article 36, no Member shall consider unlawful the performance of any
of the acts referred to in that Article in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that
the layout-design was unlawfully reproduced, that person may perform
any of the acts with respect to the stock on hand or ordered before
such time, but shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a
freely negotiated licence in respect of such a layout-design. ...
... 1. Notwithstanding
Article 36, no Member shall consider unlawful the performance of any
of the acts referred to in that Article in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that
the layout-design was unlawfully reproduced, that person may perform
any of the acts with respect to the stock on hand or ordered before
such time, but shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a
freely negotiated licence in respect of such a layout-design. ...
... 1. Notwithstanding
Article 36, no Member shall consider unlawful the performance of any
of the acts referred to in that Article in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that
the layout-design was unlawfully reproduced, that person may perform
any of the acts with respect to the stock on hand or ordered before
such time, but shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a
freely negotiated licence in respect of such a layout-design. ...
... 1. Members
shall ensure that enforcement procedures as specified in this Part
are available under their law so as to permit effective action
against any act of infringement of intellectual property rights
covered by this Agreement, including expeditious remedies to prevent
infringements and remedies which constitute a deterrent to further
infringements. These procedures shall be applied in such a manner as
to avoid the creation of barriers to legitimate trade and to provide
for safeguards against their abuse. ...
... 7. Where
the provisional measures are revoked or where they lapse due to any
act or omission by the applicant, or where it is subsequently found
that there has been no infringement or threat of infringement of an
intellectual property right, the judicial authorities shall have the
authority to order the applicant, upon request of the defendant, to
provide the defendant appropriate compensation for any injury caused
by these measures. ...
ARTICLE-58: Ex Officio Action [go to this ARTICLE]
... Where
Members require competent authorities to act upon their own
initiative and to suspend the release of goods in respect of which
they have acquired prima facie evidence that an intellectual
property right is being infringed: ...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 1. This
Agreement does not give rise to obligations in respect of acts which
occurred before the date of application of the Agreement for the
Member in question.
...
... 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.
...
... 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.
...