trips英文版.docx

1、trips英文版ANNEX 1CAGREEMENT ON TRADE-RELATED ASPECTS OFINTELLECTUAL PROPERTY RIGHTSPART I GENERAL PROVISIONS AND BASIC PRINCIPLESPART II STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS 1. Copyright and Related Rights 2. Trademarks 3. Geographical Indications 4. Ind

2、ustrial Designs 5. Patents 6. Layout-Designs (Topographies) of Integrated Circuits 7. Protection of Undisclosed Information 8. Control of Anti-Competitive Practices in Contractual LicencesPART III ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 1. General Obligations 2. Civil and Administrative Procedur

3、es and Remedies 3. Provisional Measures 4. Special Requirements Related to Border Measures 5. Criminal ProceduresPART IV ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS AND RELATED INTERPARTES PROCEDURESPART V DISPUTE PREVENTION AND SETTLEMENTPART VI TRANSITIONAL ARRANGEMENTSPART VII INS

4、TITUTIONAL ARRANGEMENTS; FINAL PROVISIONSAGREEMENT ON TRADE-RELATED ASPECTS OFINTELLECTUAL PROPERTY RIGHTSMembers, 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

5、 to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade; Recognizing, to this end, the need for new rules and disciplines concerning:(a) the applicability of the basic principles of GATT 1994 and of relevant international

6、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 prope

7、rty rights, taking into account differences in national legal systems;(d) the provision of effective and expeditious procedures for the multilateral prevention and settlement of disputes between governments; and(e) transitional arrangements aiming at the fullest participation in the results of the n

8、egotiations; Recognizing the need for a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods; Recognizing that intellectual property rights are private rights; Recognizing the underlying public policy objectives of national systems for the

9、 protection of intellectual property, including developmental and technological objectives; 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

10、 viable technological base; 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 I

11、ntellectual Property Organization (referred to in this Agreement as WIPO) as well as other relevant international organizations; Herebyagree as follows:PART IGENERAL PROVISIONS AND BASIC PRINCIPLESArticle 1Nature and Scope of Obligations1. Members shall give effect to the provisions of this Agreemen

12、t. Members may, but shall not be obliged to, implement in their law more extensive protection than is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisio

13、ns of this Agreement within their own legal system and practice.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

14、Agreement to the nationals of other Members. 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

15、 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. Any Member availing itself of the possibilities provided in paragraph3 of Article 5 or paragraph2 of Article6 of the Rome Conve

16、ntion 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 2Intellectual Property Conventions1. In respect of PartsII, III and IV of this Agreement, Members shall comply with Articles1 thro

17、ugh 12, and Article 19, of the Paris Convention (1967).2. Nothing in PartsI 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

18、 Integrated Circuits.Article 3National Treatment1. 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 of intellectual property, subject to the exceptions already provided in, respectively, th

19、e 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

20、this Agreement. Any Member availing itself of the possibilities provided in Article6 of the Berne Convention (1971) or paragraph 1(b) of Article16 of the Rome Convention shall make a notification as foreseen in those provisions to the Council for TRIPS.2. Members may avail themselves of the exceptio

21、ns permitted under paragraph1 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 a

22、re 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 4Most-Favoured-Nation Treatment With regard to the protection of intellectual property, any advantage, favour, privilege or i

23、mmunity 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

24、 judicial assistance or law enforcement of a general nature and not particularly confined to the protection of intellectual property;(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 nation

25、al treatment but of the treatment accorded in another country; (c) in respect of the rights of performers, producers of phonograms and broadcasting organizations not provided under this Agreement;(d) deriving from international agreements related to the protection of intellectual property which ente

26、red 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 5Multilateral Agreements on Acquisition orMaintenance o

27、f Protection The obligations under Articles3 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 6Exhaustion For the purposes of dispute settlement under this Agre

28、ement, subject to the provisions of Articles3 and 4 nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights.Article 7Objectives The protection and enforcement of intellectual property rights should contribute to the promotion of technological in

29、novation 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 8Principles1. Members may, in formulating or amending t

30、heir 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. Ap

31、propriate 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.

32、PARTIISTANDARDS CONCERNING THE AVAILABILITY, SCOPEAND USE OF INTELLECTUAL PROPERTY RIGHTSSECTION 1: COPYRIGHT AND RELATED RIGHTSArticle 9Relation to the Berne Convention1. 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.2. Copyright protection shall extend to expressions