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... (a) the applicability of the basic principles of GATT 1994 and of
relevant international intellectual property agreements or
conventions; ...
ARTICLE-1: Nature and Scope of Obligations [go to this ARTICLE]
... 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").
...
... 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").
...
... 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").
...
... 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").
...
... 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-2: Intellectual Property Conventions [go to this ARTICLE]
... 1. In
respect of Parts II, III and IV of this Agreement, Members shall
comply with Articles 1 through 12, and Article 19, of the Paris
Convention (1967). ...
... 2. Nothing
in Parts I to IV of this Agreement shall derogate from existing
obligations that Members may have to each other under the Paris
Convention, the Berne Convention, the Rome Convention and the Treaty
on Intellectual Property in Respect of Integrated Circuits. ...
... 2. Nothing
in Parts I to IV of this Agreement shall derogate from existing
obligations that Members may have to each other under the Paris
Convention, the Berne Convention, the Rome Convention and the Treaty
on Intellectual Property in Respect of Integrated Circuits. ...
... 2. Nothing
in Parts I to IV of this Agreement shall derogate from existing
obligations that Members may have to each other under the Paris
Convention, the Berne Convention, the Rome Convention and the Treaty
on Intellectual Property in Respect of Integrated Circuits. ...
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. ...
... 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. ...
... 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. ...
... 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. ...
... 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]
... (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;
...
... (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-9: Relation to the Berne Convention [go to this ARTICLE]
... Relation to the Berne Convention ...
... 1. Members
shall comply with Articles 1 through 21 of the Berne Convention
(1971) and the Appendix thereto. However, Members shall not have
rights or obligations under this Agreement in respect of the rights
conferred under Article 6bis of that Convention or of the
rights derived therefrom. ...
... 1. Members
shall comply with Articles 1 through 21 of the Berne Convention
(1971) and the Appendix thereto. However, Members shall not have
rights or obligations under this Agreement in respect of the rights
conferred under Article 6bis of that Convention or of the
rights derived therefrom. ...
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). ...
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). ...
... 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. ...
... 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).
...
ARTICLE-16: Rights Conferred [go to this ARTICLE]
... 2. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to services. In determining whether a trademark is
well-known, Members shall take account of the knowledge of the
trademark in the relevant sector of the public, including knowledge
in the Member concerned which has been obtained as a result of the
promotion of the trademark. ...
... 3. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to goods or services which are not similar to those in
respect of which a trademark is registered, provided that use of that
trademark in relation to those goods or services would indicate a
connection between those goods or services and the owner of the
registered trademark and provided that the interests of the owner of
the registered trademark are likely to be damaged by such use. ...
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). ...
... 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. ...
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). ...
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. ...