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1、ANNEX 1CAGREEMENT ON TRADE-RELATED ASPECTS OFINTELLECTUAL PROPERTY RIGHTSPART IGENERAL PROVISIONS AND BASIC PRINCIPLESPART IISTANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS1.Copyright and Related Rights2.Trademarks3.Geographical Indications4.Industrial Designs5.P
2、atents6.Layout-Designs (Topographies) of Integrated Circuits7.Protection of Undisclosed Information8.Control of Anti-Competitive Practices in Contractual LicencesPART IIIENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS1.General Obligations2.Civil and Administrative Procedures and Remedies3.Provisional Me
3、asures4.Special Requirements Related to Border Measures5.Criminal ProceduresPART IVACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS AND RELATED INTERPARTES PROCEDURESPART VDISPUTE PREVENTION AND SETTLEMENTPART VITRANSITIONAL ARRANGEMENTSPART VIIINSTITUTIONAL ARRANGEMENTS; FINAL PROVISIONS
4、AGREEMENT 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 to ensure that measures and procedures to
5、 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 conventi
6、ons;(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
7、 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 multilate
8、ral 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 de
9、velopmental 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 importan
10、ce 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
11、s 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 Agreement. Members may, but shall not be obliged to, implement
12、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
13、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. When nationa
14、ls 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. In respect of the relevan
15、t 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
16、 Property in Respect of Integrated Circuits, were all Members of the WTO members of those conventions. In 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 14July1967. B
17、erne Convention refers to the Berne Convention for the Protection of Literary and Artistic Works; Berne Convention (1971) refers to the Paris Act of this Convention of 24July1971. Rome Convention refers to the International Convention for the Protection of Performers, Producers of Phonograms and Bro
18、adcasting Organizations, adopted at Rome on 26October1961. Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC Treaty) refers to the Treaty on Intellectual Property in Respect of Integrated Circuits, adopted at Washington on 26May1989. WTO Agreement refers to the Agreement Establ
19、ishing the WTO. 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 those provisions to the Council for Trade-Related Aspects of Intellectual Property Rights (the Council for TRI
20、PS). Article 2Intellectual 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 (1967).2.Nothing in PartsI to IV of this Agreement shall derogate from existing obligations that Members may h
21、ave 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 3National Treatment1.Each Member shall accord to the nationals of other Members treatment no less favourable than that it accords
22、to its own nationals with regard to the protection For the purposes of Articles3 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 property rig
23、hts specifically addressed in this Agreement. 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 pe
24、rformers, 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 Article6 of the Berne Convention (1971) or paragraph 1(b) of Article16 of the Rome Conven
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