 |
Law-ref.org | Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) |
Site search
Sister sites
intellectual [Global Index]
... Desiring
to reduce distortions and impediments to international trade, and
taking into account the need to promote effective and adequate
protection of intellectual property rights, and to ensure that
measures and procedures to enforce intellectual property rights do
not themselves become barriers to legitimate trade; ...
... Desiring
to reduce distortions and impediments to international trade, and
taking into account the need to promote effective and adequate
protection of intellectual property rights, and to ensure that
measures and procedures to enforce intellectual property rights do
not themselves become barriers to legitimate trade; ...
... (a) the applicability of the basic principles of GATT 1994 and of
relevant international intellectual property agreements or
conventions; ...
... (b) the provision of adequate standards and principles concerning the
availability, scope and use of trade-related intellectual property
rights; ...
... (c) the provision of effective and appropriate means for the
enforcement of trade-related intellectual property rights, taking
into account differences in national legal systems; ...
... Recognizing
that intellectual property rights are private rights;
...
... Recognizing
the underlying public policy objectives of national systems for the
protection of intellectual property, including developmental and
technological objectives; ...
... Emphasizing
the importance of reducing tensions by reaching strengthened
commitments to resolve disputes on trade-related intellectual
property issues through multilateral procedures; ...
... Desiring
to establish a mutually supportive relationship between the WTO and
the World Intellectual Property Organization (referred to in this
Agreement as "WIPO") as well as other relevant
international organizations; ...
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.
...
... 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.
...
... 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]
... 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. ...
ARTICLE-4: Most-Favoured-Nation Treatment [go to this ARTICLE]
... With
regard to the protection of intellectual property, any advantage,
favour, privilege or immunity granted by a Member to the nationals of
any other country shall be accorded immediately and unconditionally
to the nationals of all other Members. Exempted from this obligation
are any advantage, favour, privilege or immunity accorded by a
Member: ...
... (a) deriving from international agreements on judicial assistance or
law enforcement of a general nature and not particularly confined to
the protection of intellectual property; ...
... (d) deriving from international agreements related to the protection
of intellectual property which entered into force prior to the entry
into force of the WTO Agreement, provided that such agreements are
notified to the Council for TRIPS and do not constitute an arbitrary
or unjustifiable discrimination against nationals of other Members. ...
ARTICLE-5: Multilateral Agreements on Acquisition or [go to this ARTICLE]
... The
obligations under Articles 3 and 4 do not apply to procedures
provided in multilateral agreements concluded under the auspices of
WIPO relating to the acquisition or maintenance of intellectual
property rights. ...
ARTICLE-6: Exhaustion [go to this ARTICLE]
... For the
purposes of dispute settlement under this Agreement, subject to the
provisions of Articles 3 and 4 nothing in this Agreement shall
be used to address the issue of the exhaustion of intellectual
property rights. ...
ARTICLE-7: Objectives [go to this ARTICLE]
... The
protection and enforcement of intellectual property rights should
contribute to the promotion of technological innovation and to the
transfer and dissemination of technology, to the mutual advantage of
producers and users of technological knowledge and in a manner
conducive to social and economic welfare, and to a balance of rights
and obligations. ...
ARTICLE-8: Principles [go to this ARTICLE]
... 2. Appropriate
measures, provided that they are consistent with the provisions of
this Agreement, may be needed to prevent the abuse of intellectual
property rights by right holders or the resort to practices which
unreasonably restrain trade or adversely affect the international
transfer of technology.
...
ARTICLE-10: Computer Programs and Compilations of Data [go to this ARTICLE]
... 2. Compilations
of data or other material, whether in machine readable or other form,
which by reason of the selection or arrangement of their contents
constitute intellectual creations shall be protected as such. Such
protection, which shall not extend to the data or material itself,
shall be without prejudice to any copyright subsisting in the data or
material itself. ...
ARTICLE-35: Relation to the IPIC Treaty [go to this ARTICLE]
... Members
agree to provide protection to the layout-designs (topographies) of
integrated circuits (referred to in this Agreement as
"layout-designs") in accordance with Articles 2
through 7 (other than paragraph 3 of Article 6), Article 12
and paragraph 3 of Article 16 of the Treaty on Intellectual
Property in Respect of Integrated Circuits and, in addition, to
comply with the following provisions. ...
... 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. ...
... 3. Each
Member shall enter, upon request, into consultations with any other
Member which has cause to believe that an intellectual property right
owner that is a national or domiciliary of the Member to which the
request for consultations has been addressed is undertaking practices
in violation of the requesting Member's laws and regulations on the
subject matter of this Section, and which wishes to secure compliance
with such legislation, without prejudice to any action under the law
and to the full freedom of an ultimate decision of either Member.
The Member addressed shall accord full and sympathetic consideration
to, and shall afford adequate opportunity for, consultations with the
requesting Member, and shall cooperate through supply of publicly
available non-confidential information of relevance to the matter in
question and of other information available to the Member, subject to
domestic law and to the conclusion of mutually satisfactory
agreements concerning the safeguarding of its confidentiality by the
requesting Member. ...
... 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. ...
... 2. Procedures
concerning the enforcement of intellectual property rights shall be
fair and equitable. They shall not be unnecessarily complicated or
costly, or entail unreasonable time-limits or unwarranted delays. ...
... 5. It is
understood that this Part does not create any obligation to put in
place a judicial system for the enforcement of intellectual property
rights distinct from that for the enforcement of law in general, nor
does it affect the capacity of Members to enforce their law in
general. Nothing in this Part creates any obligation with respect to
the distribution of resources as between enforcement of intellectual
property rights and the enforcement of law in general. ...
... 5. It is
understood that this Part does not create any obligation to put in
place a judicial system for the enforcement of intellectual property
rights distinct from that for the enforcement of law in general, nor
does it affect the capacity of Members to enforce their law in
general. Nothing in this Part creates any obligation with respect to
the distribution of resources as between enforcement of intellectual
property rights and the enforcement of law in general. ...
ARTICLE-42: Fair and Equitable Procedures [go to this ARTICLE]
... Members
shall make available to right holders(11)
civil judicial procedures concerning the enforcement of any
intellectual property right covered by this Agreement. Defendants
shall have the right to written notice which is timely and contains
sufficient detail, including the basis of the claims. Parties shall
be allowed to be represented by independent legal counsel, and
procedures shall not impose overly burdensome requirements concerning
mandatory personal appearances. All parties to such procedures shall
be duly entitled to substantiate their claims and to present all
relevant evidence. The procedure shall provide a means to identify
and protect confidential information, unless this would be contrary
to existing constitutional requirements. ...
ARTICLE-44: Injunctions [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority to order a party to
desist from an infringement, inter alia to prevent the entry
into the channels of commerce in their jurisdiction of imported goods
that involve the infringement of an intellectual property right,
immediately after customs clearance of such goods. Members are not
obliged to accord such authority in respect of protected subject
matter acquired or ordered by a person prior to knowing or having
reasonable grounds to know that dealing in such subject matter would
entail the infringement of an intellectual property right.
...
... 1. The
judicial authorities shall have the authority to order a party to
desist from an infringement, inter alia to prevent the entry
into the channels of commerce in their jurisdiction of imported goods
that involve the infringement of an intellectual property right,
immediately after customs clearance of such goods. Members are not
obliged to accord such authority in respect of protected subject
matter acquired or ordered by a person prior to knowing or having
reasonable grounds to know that dealing in such subject matter would
entail the infringement of an intellectual property right.
...
ARTICLE-45: Damages [go to this ARTICLE]
... 1. The
judicial authorities shall have the authority to order the infringer
to pay the right holder damages adequate to compensate for the injury
the right holder has suffered because of an infringement of that
person's intellectual property right by an infringer who
knowingly, or with reasonable grounds to know, engaged in infringing
activity. ...
ARTICLE-48: Indemnification of the Defendant [go to this ARTICLE]
... 2. In
respect of the administration of any law pertaining to the protection
or enforcement of intellectual property rights, Members shall only
exempt both public authorities and officials from liability to
appropriate remedial measures where actions are taken or intended in
good faith in the course of the administration of that law. ...
... (a) to prevent an infringement of any intellectual property right
from occurring, and in particular to prevent the entry into the
channels of commerce in their jurisdiction of goods, including
imported goods immediately after customs clearance; ...
... 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-51: Suspension of Release by Customs Authorities [go to this ARTICLE]
... Members
shall, in conformity with the provisions set out below, adopt
procedures(13)
to enable a right holder, who has valid grounds for suspecting that
the importation of counterfeit trademark or pirated copyright goods(14)
may take place, to lodge an application in writing with competent
authorities, administrative or judicial, for the suspension by the
customs authorities of the release into free circulation of such
goods. Members may enable such an application to be made in respect
of goods which involve other infringements of intellectual property
rights, provided that the requirements of this Section are met.
Members may also provide for corresponding procedures concerning the
suspension by the customs authorities of the release of infringing
goods destined for exportation from their territories. ...
... Any
right holder initiating the procedures under Article 51 shall be
required to provide adequate evidence to satisfy the competent
authorities that, under the laws of the country of importation, there
is prima facie an infringement of the right holder's
intellectual property right and to supply a sufficiently detailed
description of the goods to make them readily recognizable by the
customs authorities. The competent authorities shall inform the
applicant within a reasonable period whether they have accepted the
application and, where determined by the competent authorities, the
period for which the customs authorities will take action. ...
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: ...
... Members
shall provide for criminal procedures and penalties to be applied at
least in cases of wilful trademark counterfeiting or copyright piracy
on a commercial scale. Remedies available shall include imprisonment
and/or monetary fines sufficient to provide a deterrent, consistently
with the level of penalties applied for crimes of a corresponding
gravity. In appropriate cases, remedies available shall also include
the seizure, forfeiture and destruction of the infringing goods and
of any materials and implements the predominant use of which has been
in the commission of the offence. Members may provide for criminal
procedures and penalties to be applied in other cases of infringement
of intellectual property rights, in particular where they are
committed wilfully and on a commercial scale. ...
... 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. ...
... 4. Procedures
concerning the acquisition or maintenance of intellectual property
rights and, where a Member's law provides for such procedures,
administrative revocation and inter partes procedures
such as opposition, revocation and cancellation, shall be governed by
the general principles set out in paragraphs 2 and 3 of
Article 41. ...
ARTICLE-63: Transparency [go to this ARTICLE]
... 1. Laws
and regulations, and final judicial decisions and administrative
rulings of general application, made effective by a Member pertaining
to the subject matter of this Agreement (the availability, scope,
acquisition, enforcement and prevention of the abuse of intellectual
property rights) shall be published, or where such publication is not
practicable made publicly available, in a national language, in such
a manner as to enable governments and right holders to become
acquainted with them. Agreements concerning the subject matter of
this Agreement which are in force between the government or a
governmental agency of a Member and the government or a governmental
agency of another Member shall also be published. ...
... 3. Each
Member shall be prepared to supply, in response to a written request
from another Member, information of the sort referred to in paragraph
1. A Member, having reason to believe that a specific judicial
decision or administrative ruling or bilateral agreement in the area
of intellectual property rights affects its rights under this
Agreement, may also request in writing to be given access to or be
informed in sufficient detail of such specific judicial decisions or
administrative rulings or bilateral agreements. ...
ARTICLE-65: Transitional Arrangements [go to this ARTICLE]
... 3. Any
other Member which is in the process of transformation from a
centrally-planned into a market, free-enterprise economy and which is
undertaking structural reform of its intellectual property system and
facing special problems in the preparation and implementation of
intellectual property laws and regulations, may also benefit from a
period of delay as foreseen in paragraph 2.
...
... 3. Any
other Member which is in the process of transformation from a
centrally-planned into a market, free-enterprise economy and which is
undertaking structural reform of its intellectual property system and
facing special problems in the preparation and implementation of
intellectual property laws and regulations, may also benefit from a
period of delay as foreseen in paragraph 2.
...
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.
...
... Intellectual Property Rights ...
... The
Council for TRIPS shall monitor the operation of this Agreement and,
in particular, Members' compliance with their obligations hereunder,
and shall afford Members the opportunity of consulting on matters
relating to the trade-related aspects of intellectual property
rights. It shall carry out such other responsibilities as assigned
to it by the Members, and it shall, in particular, provide any
assistance requested by them in the context of dispute settlement
procedures. In carrying out its functions, the Council for TRIPS may
consult with and seek information from any source it deems
appropriate. In consultation with WIPO, the Council shall seek to
establish, within one year of its first meeting, appropriate
arrangements for cooperation with bodies of that Organization. ...
... Members
agree to cooperate with each other with a view to eliminating
international trade in goods infringing intellectual property rights.
For this purpose, they shall establish and notify contact points in
their administrations and be ready to exchange information on trade
in infringing goods. They shall, in particular, promote the exchange
of information and cooperation between customs authorities with
regard to trade in counterfeit trademark goods and pirated copyright
goods.
...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 7. In the
case of intellectual property rights for which protection is
conditional upon registration, applications for protection which are
pending on the date of application of this Agreement for the Member
in question shall be permitted to be amended to claim any enhanced
protection provided under the provisions of this Agreement. Such
amendments shall not include new matter. ...
... 2. Amendments
merely serving the purpose of adjusting to higher levels of
protection of intellectual property rights achieved, and in force, in
other multilateral agreements and accepted under those agreements by
all Members of the WTO may be referred to the Ministerial Conference
for action in accordance with paragraph 6 of Article X of the
WTO Agreement on the basis of a consensus proposal from the Council
for TRIPS.
...