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AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
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AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
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Page 319ANNEX 1C
AGREEMENT ON TRADE-RELATED ASPECTS OF
INTELLECTUAL PROPERTY RIGHTS
PART I GENERAL PROVISIONS AND BASIC PRINCIPLES
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. Control of Anti-Competitive Practices in Contractual Licences
PART 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 Procedures
PART IV ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS
AND RELATED INTER-PARTES PROCEDURES
PART V DISPUTE PREVENTION AND SETTLEMENT
PART VI TRANSITIONAL ARRANGEMENTS
PART VII INSTITUTIONAL ARRANGEMENTS; FINAL PROVISIONS Page 320
AGREEMENT ON TRADE-RELATED ASPECTS OF
INTELLECTUAL PROPERTY RIGHTS
Members,
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 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
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 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 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 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 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 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;
Hereby agree as follows: Page 321
PART I
GENERAL PROVISIONS AND BASIC PRINCIPLES
Article 1
Nature and Scope of Obligations
1. 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 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 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.1 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 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.2 Any Member availing itself of the possibilities provided in paragraph 3
of Article 5 or paragraph 2 of Article 6 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 Conventions
1. In respect of Parts II, III and IV of this Agreement, Members shall comply with Articles 1 through
12, and Article 19, of the Paris Convention (1967).
2. Nothing in Parts I 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. 1When "nationals" are referred to in this Agreement, they shall be deemed, in the case of a separate customs territory
Member of the WTO, to mean persons, natural or legal, who are domiciled or who have a real and effective industrial or
commercial establishment in that customs territory. 2In this Agreement, "Paris Convention" refers to the Paris Convention for the Protection of Industrial Property; "Paris
Convention (1967)" refers to the Stockholm Act of this Convention of 14 July 1967. "Berne Convention" refers to the Bern e
Convention for the Protection of Literary and Artistic Works; "Berne Convention (1971)" refers to the Paris Act of this
Convention of 24 July 1971. "Rome Convention" refers to the International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organizations, adopted at Rome on 26 October 1961. "Treaty on Intellectual
Property in Respect of Integrated Circuits" (IPIC Treaty) refers to the Treaty on Intellectual Property in Respect of In tegrated
Circuits, adopted at Washington on 26 May 1989. "WTO Agreement" refers to the Agreement Establishing the WTO. Page 322
Article 3
National Treatment
1. 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 protection3 of intellectual property, subject to
the exceptions already provided 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 rights provided under this Agreement. Any Member availing
itself of the possibilities provided in Article 6 of the Berne Convention (1971) or paragraph 1(b) of
Article 16 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 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 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 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
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 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 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. 3For the purposes of Articles 3 and 4, "protection" shall include matters affecting the availability, acquisition, scope,
maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual p roperty
rights specifically addressed in this Agreement.
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