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... Recognizing
also the special needs of the least-developed country Members in
respect of maximum flexibility in the domestic implementation of laws
and regulations in order to enable them to create a sound and viable
technological base; ...
ARTICLE-3: National Treatment [go to this ARTICLE]
... 2. Members
may avail themselves of the exceptions permitted under paragraph 1
in relation to judicial and administrative procedures, including the
designation of an address for service or the appointment of an agent
within the jurisdiction of a Member, only where such exceptions are
necessary to secure compliance with laws and regulations which are
not inconsistent with the provisions of this Agreement and where such
practices are not applied in a manner which would constitute a
disguised restriction on trade. ...
ARTICLE-8: Principles [go to this ARTICLE]
... 1. Members
may, in formulating or amending their laws and regulations, adopt
measures necessary to protect public health and nutrition, and to
promote the public interest in sectors of vital importance to their
socio-economic and technological development, provided that such
measures are consistent with the provisions of this Agreement.
...
... 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. ...
... 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-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. ...
... 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). ...
... 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). ...
... 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-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.
...
... 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-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.
...