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ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 5. The
term of the protection available under this Agreement to performers
and producers of phonograms shall last at least until the end of a
period of 50 years computed from the end of the calendar year in
which the fixation was made or the performance took place. The term
of protection granted pursuant to paragraph 3 shall last for at
least 20 years from the end of the calendar year in which the
broadcast took place. ...
ARTICLE-15: Protectable Subject Matter [go to this ARTICLE]
... 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-19: Requirement of Use [go to this ARTICLE]
... 1. If use
is required to maintain a registration, the registration may be
cancelled only after an uninterrupted period of at least three years
of non-use, unless valid reasons based on the existence of obstacles
to such use are shown by the trademark owner. Circumstances arising
independently of the will of the owner of the trademark which
constitute an obstacle to the use of the trademark, such as import
restrictions on or other government requirements for goods or
services protected by the trademark, shall be recognized as valid
reasons for non-use. ...
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; ...
ARTICLE-33: Term of Protection [go to this ARTICLE]
... The
term of protection available shall not end before the expiration of a
period of twenty years counted from the filing date.(8)
...
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. ...
ARTICLE-43: Evidence [go to this ARTICLE]
... 2. In
cases in which a party to a proceeding voluntarily and without good
reason refuses access to, or otherwise does not provide necessary
information within a reasonable period, or significantly impedes a
procedure relating to an enforcement action, a Member may accord
judicial authorities the authority to make preliminary and final
determinations, affirmative or negative, on the basis of the
information presented to them, including the complaint or the
allegation presented by the party adversely affected by the denial of
access to information, subject to providing the parties an
opportunity to be heard on the allegations or evidence. ...
... 4. Where
provisional measures have been adopted inaudita altera parte,
the parties affected shall be given notice, without delay after the
execution of the measures at the latest. 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 after the notification
of the measures, whether these measures shall be modified, revoked or
confirmed. ...
... 6. Without
prejudice to paragraph 4, provisional measures taken on the basis of
paragraphs 1 and 2 shall, upon request by the defendant, be
revoked or otherwise cease to have effect, if proceedings leading to
a decision on the merits of the case are not initiated within a
reasonable period, to be determined by the judicial authority
ordering the measures where a Member's law so permits or, in the
absence of such a determination, not to exceed 20 working days or 31
calendar days, whichever is the longer. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 2. Subparagraphs
1(b) and 1(c) of Article XXIII of GATT 1994 shall not apply to the
settlement of disputes under this Agreement for a period of five
years from the date of entry into force of the WTO Agreement. ...
... 3. During
the time period referred to in paragraph 2, the Council for TRIPS
shall examine the scope and modalities for complaints of the type
provided for under subparagraphs 1(b) and 1(c) of Article XXIII of
GATT 1994 made pursuant to this Agreement, and submit its
recommendations to the Ministerial Conference for approval. Any
decision of the Ministerial Conference to approve such
recommendations or to extend the period in paragraph 2 shall be
made only by consensus, and approved recommendations shall be
effective for all Members without further formal acceptance process.
...
... 3. During
the time period referred to in paragraph 2, the Council for TRIPS
shall examine the scope and modalities for complaints of the type
provided for under subparagraphs 1(b) and 1(c) of Article XXIII of
GATT 1994 made pursuant to this Agreement, and submit its
recommendations to the Ministerial Conference for approval. Any
decision of the Ministerial Conference to approve such
recommendations or to extend the period in paragraph 2 shall be
made only by consensus, and approved recommendations shall be
effective for all Members without further formal acceptance process.
...
ARTICLE-65: Transitional Arrangements [go to this ARTICLE]
... 1. Subject
to the provisions of paragraphs 2, 3 and 4, no Member shall be
obliged to apply the provisions of this Agreement before the expiry
of a general period of one year following the date of entry into
force of the WTO Agreement. ...
... 2. A
developing country Member is entitled to delay for a further period
of four years the date of application, as defined in paragraph 1,
of the provisions of this Agreement other than Articles 3, 4 and 5. ...
... 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.
...
... 4. To the
extent that a developing country Member is obliged by this Agreement
to extend product patent protection to areas of technology not so
protectable in its territory on the general date of application of
this Agreement for that Member, as defined in paragraph 2, it
may delay the application of the provisions on product patents of
Section 5 of Part II to such areas of technology for an
additional period of five years. ...
... 5. A
Member availing itself of a transitional period under paragraphs 1,
2, 3 or 4 shall ensure that any changes in its laws, regulations and
practice made during that period do not result in a lesser degree of
consistency with the provisions of this Agreement. ...
... 5. A
Member availing itself of a transitional period under paragraphs 1,
2, 3 or 4 shall ensure that any changes in its laws, regulations and
practice made during that period do not result in a lesser degree of
consistency with the provisions of this Agreement. ...
ARTICLE-66: Least-Developed Country Members [go to this ARTICLE]
... 1. In view
of the special needs and requirements of least-developed country
Members, their economic, financial and administrative constraints,
and their need for flexibility to create a viable technological base,
such Members shall not be required to apply the provisions of this
Agreement, other than Articles 3, 4 and 5, for a period of
10 years from the date of application as defined under paragraph 1 of
Article 65. The Council for TRIPS shall, upon duly motivated
request by a least-developed country Member, accord extensions of
this period. ...
... 1. In view
of the special needs and requirements of least-developed country
Members, their economic, financial and administrative constraints,
and their need for flexibility to create a viable technological base,
such Members shall not be required to apply the provisions of this
Agreement, other than Articles 3, 4 and 5, for a period of
10 years from the date of application as defined under paragraph 1 of
Article 65. The Council for TRIPS shall, upon duly motivated
request by a least-developed country Member, accord extensions of
this period. ...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 9. Where a
product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall
be granted, notwithstanding the provisions of Part VI, for a
period of five years after obtaining marketing approval in that
Member or until a product patent is granted or rejected in that
Member, whichever period is shorter, provided that, subsequent to the
entry into force of the WTO Agreement, a patent application has been
filed and a patent granted for that product in another Member and
marketing approval obtained in such other Member.
...
... 9. Where a
product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall
be granted, notwithstanding the provisions of Part VI, for a
period of five years after obtaining marketing approval in that
Member or until a product patent is granted or rejected in that
Member, whichever period is shorter, provided that, subsequent to the
entry into force of the WTO Agreement, a patent application has been
filed and a patent granted for that product in another Member and
marketing approval obtained in such other Member.
...
... 1. The
Council for TRIPS shall review the implementation of this Agreement
after the expiration of the transitional period referred to in
paragraph 2 of Article 65. The Council shall, having
regard to the experience gained in its implementation, review it two
years after that date, and at identical intervals thereafter. The
Council may also undertake reviews in the light of any relevant new
developments which might warrant modification or amendment of this
Agreement.
...