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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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criteria
[
Global Index
]
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"). ...
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
. ...
... (b) apply to these
applications
, as of the
date
of
application
of this
Agreement
, the
criteria
for
patentability
as laid down in this
Agreement
as if those
criteria
were being applied on the
date
of filing in that
Member
or, where
priority
is available and claimed, the
priority
date
of the
application
; and ...
... (b) apply to these
applications
, as of the
date
of
application
of this
Agreement
, the
criteria
for
patentability
as laid down in this
Agreement
as if those
criteria
were being applied on the
date
of filing in that
Member
or, where
priority
is available and claimed, the
priority
date
of the
application
; and ...
... (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). ...
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