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ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 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. ...
... 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. ...
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.
...
... 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-29: Conditions on Patent Applicants [go to this ARTICLE]
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; ...
... (k) Members are not obliged to apply the conditions set forth in
subparagraphs (b) and (f) where such use is permitted to
remedy a practice determined after judicial or administrative process
to be anti-competitive. The need to correct anti-competitive
practices may be taken into account in determining the amount of
remuneration in such cases. Competent authorities shall have the
authority to refuse termination of authorization if and when the
conditions which led to such authorization are likely to recur; ...
... (k) Members are not obliged to apply the conditions set forth in
subparagraphs (b) and (f) where such use is permitted to
remedy a practice determined after judicial or administrative process
to be anti-competitive. The need to correct anti-competitive
practices may be taken into account in determining the amount of
remuneration in such cases. Competent authorities shall have the
authority to refuse termination of authorization if and when the
conditions which led to such authorization are likely to recur; ...
... (l) where such use is authorized to permit the exploitation of a
patent ("the second patent") which cannot be exploited
without infringing another patent ("the first patent"), the
following additional conditions shall apply: ...
ARTICLE-34: Process Patents: Burden of Proof [go to this ARTICLE]
... 2. Any
Member shall be free to provide that the burden of proof indicated in
paragraph 1 shall be on the alleged infringer only if the
condition referred to in subparagraph (a) is fulfilled or only
if the condition referred to in subparagraph (b) is fulfilled. ...
... 2. Any
Member shall be free to provide that the burden of proof indicated in
paragraph 1 shall be on the alleged infringer only if the
condition referred to in subparagraph (a) is fulfilled or only
if the condition referred to in subparagraph (b) is fulfilled. ...
ARTICLE-37: Acts Not Requiring the Authorization of the Right Holder [go to this ARTICLE]
... 2. The
conditions set out in subparagraphs (a) through (k) of Article 31
shall apply mutatis mutandis in the event of any non-voluntary
licensing of a layout-design or of its use by or for the government
without the authorization of the right holder. ...
ARTICLE-38: Term of Protection [go to this ARTICLE]
... 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. ...
... 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. ...
... 1. Members
agree that some licensing practices or conditions pertaining to
intellectual property rights which restrain competition may have
adverse effects on trade and may impede the transfer and
dissemination of technology. ...
... 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. ...
... 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. ...
... 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. A
Member whose nationals or domiciliaries are subject to proceedings in
another Member concerning alleged violation of that other Member's
laws and regulations on the subject matter of this Section shall,
upon request, be granted an opportunity for consultations by the
other Member under the same conditions as those foreseen in paragraph
3.
...
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.
...
... 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. ...
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-58: Ex Officio Action [go to this ARTICLE]
... (b) the importer and the right holder shall be
promptly notified of the suspension. Where the importer has lodged
an appeal against the suspension with the competent authorities, the
suspension shall be subject to the conditions, mutatis mutandis,
set out at Article 55; ...
... 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. ...
... 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-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.
...