与贸易有关的知识产权协定英文Word文档下载推荐.docx

1、 4. Industrial 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 P

2、rocedures 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

3、VII INSTITUTIONAL ARRANGEMENTS; FINAL PROVISIONSMembers, 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 intelle

4、ctual 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 intellectual property agreements or conventions; （b） the

5、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

6、 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 negotiations; Recognizing the need for a multilateral

7、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 protection of intellectual property, including devel

8、opmental 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 viable technological base; Emphasizing the importanc

9、e 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 thi

10、s Agreement as WIPO） as well as other relevant international organizations; Herebyagree as follows: PART I GENERAL PROVISIONS AND BASIC 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, impl

11、ement 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 provisions of this Agreement within their own legal syste

12、m 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 Agreement to the nationals of other Members. In r

13、espect 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 T

14、reaty 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 Convention shall make a notification as foreseen in th

15、ose 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

16、（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 Integrated Circuits. Article 3 National Treatme

17、nt1. 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, the Paris Convention （1967）, the Berne Conventio

18、n（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

19、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 exceptions permitted under paragraph1 in relation to j

20、udicial 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 thi

21、s Agreement and where such practices are not applied in a manner which would constitute a disguised restriction on trade. Article 4 Most-Favoured-Nation Treatment With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Member to the nationals

22、 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

23、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 national treatment but of the treatment accorded

24、 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 entered into force prior to the entry into fo

25、rce 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 Maintenance of Protection The obligations under Art

26、icles3 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 For the purposes of dispute settlement under this Agreement, subject to the provisions of

27、Articles3 and 4 nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights. Article 7 Objectives The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and d

28、issemination 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 Principles1. Members may, in formulating or amending their laws and regulations, adopt

29、 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. Appropriate measures, provided tha

30、t 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. PARTII STANDARDS CONCERNING THE

31、AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS SECTION 1: COPYRIGHT AND RELATED RIGHTS Article 9 Relation 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 o