与贸易有关的知识重点产权协定英文Word格式文档下载.docx

1、PART II STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS 1. Copyright and Related Rights 2. Trademarks 3. Geographical Indications 4. Industrial Designs 5. Patents 6. Layout-Designs （Topographies） of Integrated Circuits 7. Protection of Undisclosed Information 8.

2、Control of Anti-Competitive Practices in Contractual LicencesPART III ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 1. General Obligations 2. Civil and Administrative Procedures and Remedies 3. Provisional Measures 4. Special Requirements Related to Border Measures 5. Criminal ProceduresPART IV ACQUIS

3、ITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS AND RELATED INTERPARTES PROCEDURESPART V DISPUTE PREVENTION AND SETTLEMENTPART VI TRANSITIONAL ARRANGEMENTSPART VII INSTITUTIONAL ARRANGEMENTS; FINAL PROVISIONSMembers, Desiring to reduce distortions and impediments to international trade, and ta

4、king 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; Recognizing, to this end, the need for new rules and disc

5、iplines concerning: （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 right

6、s; （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; （d） the provision of effective and expeditious procedures for the multilateral prevention and settlement of disputes b

7、etween governments; and （e） transitional arrangements aiming at the fullest participation in the results of the negotiations; Recognizing the need for a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods; Recognizing that intellectual pr

8、operty rights are private rights; Recognizing the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives; Recognizing also the special needs of the least-developed country Members in respect of maximum

9、 flexibility in the domestic implementation of laws and regulations in order to enable them to create a sound and viable technological base; Emphasizing the importance of reducing tensions by reaching strengthened commitments to resolve disputes on trade-related intellectual property issues through

10、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; Herebyagree as follows: PART I GENERAL PROVISIONS AND BASI

11、C PRINCIPLES Article 1 Nature and Scope of Obligations1. Members shall give effect to the provisions of this Agreement. 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

12、 provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisions 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

13、 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. In respect of the relevant intellectual property right, the nationals of other Members shall be understood as those natural or legal perso

14、ns 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. Any Member

15、 availing itself of the possibilities provided in paragraph3 of Article 5 or paragraph2 of Article6 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 Conventions1. In respect of PartsII, III and IV of this Agreement, Members shall comply with Articles1 through 12, and Article 19, of the Paris Convention