1、与贸易有关的知识产权协定英文 ANNEX 1C AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL 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 Indicatio
2、ns 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
3、 Procedures 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 ARRANGEMENTSPAR
4、T VII INSTITUTIONAL ARRANGEMENTS; FINAL PROVISIONS AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL 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
5、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 disciplines concerning: (a) the applicability of the basic principles of GATT 1994 and of relevant in
6、ternational 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 inte
7、llectual 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 between governments; and (e) transitional arrangements aiming at the fullest participation in the
8、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 property rights are private rights; Recognizing the underlying public policy objectives of national
9、 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 flexibility in the domestic implementation of laws and regulations in order to enable them to cr
10、eate 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 multilateral procedures; Desiring to establish a mutually supportive relationship between the WTO
11、 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 BASIC PRINCIPLES Article 1 Nature and Scope of Obligations1. Members shall give effect to the provisi
12、ons 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 provisions of this Agreement. Members shall be free to determine the appropriate method of imple
13、menting 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 that are the subject of Sections 1 through 7 of Part II. 3. Members shall accord the treatment p
14、rovided 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 persons that would meet the criteria for eligibility for protection provided for in the Paris Conventi
15、on (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 availing itself of the possibilities provided in paragraph3 of Article 5 or paragraph2 of Articl
16、e6 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 compl
17、y with Articles1 through 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 P
18、roperty in Respect of Integrated Circuits. Article 3 National 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 provid
19、ed in, respectively, the 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
20、 rights provided under 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 the
21、mselves of the exceptions 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
22、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 4 Most-Favoured-Nation Treatment With regard to the protection of intellectual property, any advantag
23、e, favour, privilege or immunity 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 i
24、nternational agreements on 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
25、be a function not of national 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 inte
26、llectual property which entered 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 5 Multilateral Agreements
27、on Acquisition or Maintenance of 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 6 Exhaustion For the purposes of d
28、ispute settlement under this Agreement, 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 7 Objectives The protection and enforcement of intellectual property rights should contribute t
29、o the promotion of technological innovation 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 8 Principles1. Memb
30、ers 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 th
31、e provisions of this Agreement. 2. Appropriate 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 i
32、nternational transfer of technology. PARTII STANDARDS CONCERNING THE 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
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