Agreement on trade related aspects of intellectual property rights in WTO agreements (1994)

All members,
It is expected to reduce the distortion and resistance in international trade, and take into account the need to promote the full and effective protection of intellectual property rights, and ensure that the measures and procedures for the enforcement of intellectual property rights will not become obstacles to legitimate trade;
Recognizes that, to achieve this end, it is necessary to develop new rules and sanctions related to:
(a) The applicability of the basic principles of the general agreement on Tariffs and trade of 1994 and the basic principles of international agreements or conventions on intellectual property rights;
(b) Provisions concerning the effectiveness, scope and appropriate standards and principles of trade-related intellectual property rights;
(c) Effective and appropriate measures concerning the enforcement of trade-related intellectual property rights, taking into account the differences of legal systems in various countries;
(d) Effective and rapid procedures for the prevention and settlement of intergovernmental disputes in a multilateral manner;
(e) The purpose is to fully accept the transition arrangements for the outcome of the negotiations.
To recognize the necessity of establishing multilateral structure in principle, rules and disciplines to deal with international trade in counterfeit goods;
Recognize intellectual property as private right;
The purpose of protecting public interest, including development purpose and technical purpose, is emphasized in the domestic systems of recognizing the protection of intellectual property rights;
Also recognizes the special need for the least developed country members to enjoy the highest flexibility in the implementation of laws and regulations in their domain, so that they can build a sound and viable technical basis;
Emphasizes the importance of resolving trade-related intellectual property disputes through multilateral procedures, thus alleviating tensions;
Looking forward to building mutually supportive relations between the World Trade Organization and the World Intellectual Property Organization and other relevant international organizations;
In this regard, the following agreement is reached:
Part I General terms and basic principles
Article 1 the nature and scope of member obligations
1. the members shall make the provisions of this Agreement effective. Members may, in their domestic laws, provide for protection wider than the requirements of this agreement, provided that they do not violate this agreement, but the members shall not be obliged to do so. Members are free to determine the appropriate way to implement this agreement in their own legal system and practice.
2. for the purposes of this agreement, the term "intellectual property" means all categories of intellectual property included in sections 1 to 7 of Part II.
3. members shall grant the treatment provided by this agreement to the nationals of other members: (1) the term "national" in this agreement refers to the natural person or legal person who lives in the area or has an actual and effective industrial and commercial business office in the area if the members of the world trade organization are "independent tariff zones".
All the notes in the WTO Agreement on trade related intellectual property rights are arranged in order of footnotes. This is mainly considered: the note is part of the agreement as in other terms. For the relevant intellectual property rights, "nationals of other members" shall be understood to conform to the standards set forth in the 1967 text of the Paris Convention, the 1971 Berne Convention, the Rome Convention and the integrated circuit intellectual property treaty, and thus the natural person or legal person who can enjoy protection; (2) in this agreement, "Paris Convention" means the Paris Convention for the protection of industrial property rights; and "Paris Convention 19" 67 year text "means the Stockholm text of the Convention of 14 July 1967. "Berne Convention" means the Berne Convention for the protection of literary and artistic works; the 1971 version of the Berne Convention means the Paris text of the Convention of 24 July 1971. "Rome Convention" means the "International Convention on the protection of performers, producers of sound recordings and broadcasting organizations" adopted in Rome on 26 October 1961. "Integrated circuit intellectual property treaty" means the treaty adopted in Washington on 26 May 1989.) In this regard, all members of the world trade organization shall also be considered as all members of the above-mentioned conventions. Any member who may apply Article 5, paragraph 3, or Article 6, paragraph 2, of the Rome Convention shall, in accordance with the provisions, notify the "Trade Related Intellectual Property Council".
Article 2 intellectual property Convention
1. for the purposes of parts II, III and IV of this agreement, all members shall comply with the provisions of articles 1 to 12 and 19 of the 1967 Paris Convention.
2. all provisions of parts 1 to 4 of this Agreement shall not prejudice existing obligations of members under the Paris Convention, Berne Convention, Rome Convention and integrated circuit intellectual property treaty.
Article 3 National Treatment
1. Except for the exceptions provided for in the Paris Convention 1967, Bernie convention 1971, Rome Convention and integrated circuit intellectual property treaty, all members shall protect intellectual property rights ③ (③ for the purposes of Articles 3 and 4 of this agreement, the so-called "protection" , shall include both the use of intellectual property rights specifically referred to in this agreement, and the effectiveness, acquisition, scope, maintenance and exercise of intellectual property rights. ）The treatment provided to the nationals of other members shall not be lower than that of their own. In the case of performers, producers of sound recordings and broadcasting organizations, this obligation applies only to the rights provided by this agreement. Any member who may apply Article 6 of the Bernie convention or Article 16, paragraph 1 (b) of the Rome Convention, shall notify the "Trade Related Intellectual Property Council" in accordance with the provisions.
2. in judicial and administrative procedures, including in the jurisdiction of a member, the determination of service address or the designation of agent, members may apply the exceptions permitted in paragraph 1 of this article on their own, provided that they are not applied in a manner that constitutes a potential trade restriction to ensure that the implementation of the laws and regulations of this agreement is not violated.
Article 4 treatment of MFN
In the protection of intellectual property, any benefit, preference, privilege or exemption provided by a member to nationals of other states shall apply immediately and unconditionally to all other members of the national. However, no member shall be listed in the following interests, preferences, privileges or immunities provided by nationals of other states:
(a) It is derived from international agreements on general judicial assistance and legal enforcement and is not designed to protect intellectual property rights;
(b) Provided by the 1971 text of the Bernie convention or the Rome Convention on the principle of reciprocity, not in accordance with national treatment;
(c) The rights of performers, producers of audio recordings and broadcasting organization rights not specified in this Agreement;
(d) The international agreement on the protection of intellectual property, which has been in force before the entry into force of the WTO agreement, has been notified to the "Trade Related Intellectual Property Council" and does not constitute arbitrary or unfair discrimination against the nationals of other members.
Article 5 multilateral agreements for the acquisition or maintenance of protection
The obligations of Articles 3 to 4 above shall not apply to the procedures for obtaining or maintaining intellectual property rights in multilateral agreements concluded under the auspices of the world intellectual property organization.
Article 6 exhaustion of rights
Subject to the above Articles 3 to 4, in the settlement of disputes under this agreement, no provision of this Agreement shall be used to deal with the exhaustion of intellectual property rights.
Article 7 objectives
The protection and exercise of intellectual property rights should be aimed at promoting technological innovation, technology transfer and technology dissemination, and promoting mutual benefit between producers and users of technical knowledge in a way conducive to social and economic welfare, and to promote the balance of rights and obligations.
Article 8 principles
1. members may, in the formulation or amendment of their domestic laws and regulations, take the necessary measures to protect the health and development of the public, so as to increase the public welfare in the areas of critical importance for the development of their socio-economic and technological development, as long as the measures are consistent with the provisions of this agreement.
2. appropriate measures may be taken to prevent the abuse of intellectual property rights by the holders of rights and the unreasonable restrictions on trade or negative effects in the transfer of international technology, provided that such measures are consistent with the provisions of this agreement.
Part II: the effectiveness, circumference and utilization standards of intellectual property
Section I copyright and relevant rights
Article 9 relationship with Berne Convention
1. all members shall comply with Articles 1 to 21 of the 1971 version of the Bernie Convention and the appendix to the Convention. Provided that the members shall be exempted from their rights or obligations under this agreement with respect to the rights provided for in Article 6 bis of the Berne Convention or rights extended from that article.
2. copyright protection shall be extended to expression, not to ideas, processes, operating methods or mathematical concepts.
Article 10 compilation of computer programs and data
1. computer programs expressed in source code or in target code shall be protected as the text works referred to in the 1971 Berne Convention.
2. the compilation of data or other materials, whether in machine-readable form or other forms, shall be protected as long as the selection or arrangement of its contents constitutes intellectual creation. Such protection does not extend to the protection of data or materials themselves, and shall not damage the copyright existing in the data or materials themselves.
Article 11 right to lease
At least for computer programs and film works, members shall authorize the legal successors of their authors or authors to permit or prohibit commercial lease of the original or duplicate works to the public. For film works, members may not bear the obligation to grant the right to rent. Unless the relevant leasing has led to the extensive reproduction of the work, the degree of copy seriously damages the exclusive right of reproduction granted by the members to the author or the legal successor of the author. For computer programs, this obligation shall not apply if the relevant program itself is not the main subject of lease.
Article 12 protection period
Except for photographic works or practical art works, if the protection period of a work is not calculated according to the life of natural person, the protection period shall not be less than 50 years from the end of the year of the licensed publication, and if the work is not licensed to be published within 50 years from the completion, the protection period shall not be less than 50 years from the end of the year of completion of the work.
Article 13 restrictions and exceptions
All members should limit the limitation or exception of exclusive right to a certain special case, which should not conflict with the normal use of the work, nor unreasonably damage the legitimate interests of the right holder.
Article 14 protection of performers, producers of sound recordings and Broadcasting Organizations
1. in the case of fixing the performer's performance to the recording product, the performer shall have the possibility to stop the following acts without his permission: fixing the performance which has not been fixed and copying the fixed content. Performers should also be able to prevent the following acts without their permission: broadcast their live performances to the public by wireless means and disseminate their live performances to the public.
2. the producer of sound recording products shall have the right to license or prohibit direct or indirect reproduction of his works.
3. broadcasting organizations shall have the right to prohibit the following acts without their permission: broadcasting them wirelessly, fixing their broadcasting, copying fixed content, and transmitting their television broadcasting to the public in the same way. If some members do not grant the broadcasting organization the above rights, it is possible for those who have copyright in the content of the broadcast to be prevented in accordance with the 1971 version of the Berne Convention.
4. the provisions of Article 11 of this Agreement concerning computer programs shall apply in principle to the producers of sound recordings and to any other rights holders of sound recordings confirmed by the law in the member domain. On the date of the Uruguay round of multilateral trade negotiations at the end of the Ministerial Conference, if a member has implemented a system of fair remuneration to the rights holders, it can maintain its system unchanged, as long as the commercial leasing of recording products under the system does not result in substantial damage to the reproduction of the exclusive right of the holder of the right.
5. the protection period for performers and producers of recording products under this Agreement shall be extended from the end of the year of the relevant fixed or performing performance to the end of the 50th year. And the period of protection provided in paragraph 3 of this article shall be at least 20 years from the end of the year in which the broadcast is broadcast.
6. any member may, to the extent permitted by the Rome Convention, provide for the conditions, restrictions, exceptions and reservations to the rights provided for in paragraphs 1 to 3 of this article. But Article 18 of the 1971 text of the Berne Convention should apply in principle to the rights of performers and producers of sound recordings.
Section II trademark

第十五条 可保护的客体Article 15 protected objects
1. any mark or combination of marks that can distinguish the goods or services of an enterprise from those of other enterprises shall be able to constitute a trademark. Such marks, in particular the combination of letters, numbers, graphic elements, colors, and any combination of the above shall be able to be registered as trademarks. Even if some marks could not have distinguished the goods or services concerned, members could confirm whether they could register according to the recognition they obtained from their use. Members may require that the "marking shall be visual perceptible" as a condition of registration.
2. paragraph 1 above shall not be construed as preventing members from refusing to register certain trademarks on other grounds, provided that such other reasons do not deviate from the provisions of the 1967 text of the Paris Convention.
3. members may use the term "use" as the basis for registration, but the actual use of the trademark shall not be regarded as a condition for filing the application for registration, and the application for registration shall not be rejected only because they have not been active for less than 3 years from the date of application.
4. the nature of the goods or services indicated in the trademark applying for registration shall not in any case become an obstacle to the registration of the trademark.
5. before or immediately after the registration of the trade mark, the member shall make a public announcement and shall provide a reasonable opportunity to request the cancellation of the registration. In addition, members may also provide an opportunity to raise objections to the registration of trademarks.
Article 16 rights granted
1. the owner of a registered trademark shall have the exclusive right to prevent any third party from using the same or similar mark in trade activities to mark the same or similar goods or services in the trade activities without permission, so as to cause confusion. If the same mark is used for the same goods or services, it is presumed that there is a risk of confusion. The above rights shall not prejudice any existing prior rights, nor affect the possibility that members may confirm the validity of the rights according to the use.
2. Article 6 bis of the 1967 Paris Convention applies in principle to services. To confirm whether a trademark is a well-known trademark, the public shall take into account the public awareness of it, including the extent to which the public is aware of the trademark in the member's territory.
3. Article 6 bis of the 1967 Paris Convention shall apply in principle to goods or services not similar to those marked by the registered trademark. Once the trademark is used in a different commodity or service, it will imply that the goods or services have some connection with the owner of the registered trademark, thus the interests of the registered trademark owner may be damaged.
Article 17 exceptions
Members may provide for limited exceptions to trademark rights, such as the reasonable use of explanatory words, provided that such exceptions take into account the legitimate interests of the owner of the trademark and the third party.
Article 18 protection period
The first registration of trademarks and the protection period of each renewal registration shall not be less than 7 years. The number of renewal registration of trademarks shall be unlimited.
Article 19 requirements for use
1. if the use is to be used as a prerequisite for keeping the registration, the registration can be revoked only if it is not used for at least 3 years and the owner of the trademark does not show the valid reasons for the obstruction of use. If the use of a trademark is an obstacle to the use of a trademark, such as import restrictions or other government requirements for the goods or services marked by the trademark, it shall be recognized as a valid reason for "not to use".
2. when the trademark is under the control of its owner, the use of the trademark by others shall also recognize that it belongs to the use required for the purpose of maintaining registration.
Article 20 other requirements
The use of trademarks in trade shall not be interfered by unreasonable special requirements, such as the requirement to use jointly with other trademarks, in special forms or in a way that is not conducive to the separation of goods or services of an enterprise from other enterprises. This regulation does not exclude that while using a trademark to distinguish goods or services of different enterprises, it is required to use another trademark to distinguish special goods or services of the same enterprise. But there is no connection between the two trademarks.
Article 21 license and transfer
Members may determine the conditions for licensing and transfer of a trademark; and "conditions of determination" shall be understood to be that the compulsory licensing system of a trademark shall not be adopted, and the owner of a registered trademark shall have the right to transfer his trademark with or without the operation of the trademark.
Section 3 geographical indications
Article 22 protection of geographical indications
1. the geographical indication of this Agreement means the following signs: it indicates that a commodity is from a member region or from a region or place in the territory, and the specific quality, reputation or other characteristics of the commodity are mainly related to the geographical source.
2. in the area of geographical indications, members shall provide legal measures to prevent the following acts by stakeholders:
(a) In any way, in terms of the title or expression of the commodity, express or imply that the commodity concerned is from a place not the real source of the commodity, and is sufficient to mislead the public of the source of the commodity;
(b) In any way of use, it would constitute unfair competition in accordance with Article 10 bis of the 1967 text of the Paris Convention.
3. if a trademark contains or combines a geographical indication of a commodity, the commodity does not originate from the territory indicated by the mark , so the use of the mark to mark the goods in the trademark has the nature of misleading the public from recognizing the real source in the member's territory, if the legislation allows, the member shall reject or cancel the registration of the trademark in accordance with its authority or at the request of an interested party.
4. if a geographical indication, while literally indicating the source area, region or place of the commodity, misleads the public to think that the commodity originated from another region, the above three paragraphs of this article shall also apply.
The twenty-third is supplementary protection for geographical indications of wine and baijiu.
1. members shall provide legal measures to interested parties to stop the use of geographical indications to mark wine or Baijiu not originate from the place of the mark, even in this case, the true source of the commodity is marked at the same time, even if the geographical indication is used to translate the text, or even with certain species, "so", "so", "so" and "so". ”, or the same expression, ④ (4) although the first sentence of Article 42 of this agreement stipulates that civil procedure should be adopted, members may adopt administrative procedures instead of civil procedures when performing this obligation. ）It is also a stop.
2. if a trademark of a wine or Baijiu contains or has a geographical indication indicating the wine, if the mark is not the trademark of the origin of the liquor, if the legislation is allowed in the territory, the member shall dismiss or cancel the registration of the trademark according to his authority, or shall reject or cancel the registration of the trademark according to the request of the interested party of one party.
3. subject to Article 22.4 above, if many wines use homonymic or homonymic geographical indications, the protection shall extend to each sign. Members should identify the practical conditions for distinguishing the relevant homonyms or homographs from geographical indications, taking into account ensuring equal treatment to the producers concerned and without misleading consumers.
4. in order to protect the geographical indications of wine, negotiations should be held in the "Trade Related Intellectual Property Council" to establish a multilateral system for the notification and registration of geographical indications of wine, so that the members who join the system can use the system in the protection of geographical indications.
Article 24 international negotiations; Exceptions
1. all members agree that the purpose of the negotiation is to strengthen the protection of geographical indications in accordance with Article 23 above. Members shall not refuse to negotiate or conclude bilateral or multilateral agreements by virtue of the provisions of paragraphs 4 to 8 of this article. In the negotiation, all members shall automatically take into account the continued application of paragraphs 4 to 8 of this article to geographical indications that were previously the subject of the negotiation.
2. "Trade Related Intellectual Property Council" shall regularly review the implementation of the provisions of this section, and the first review shall be within two years from the entry into force of the "establishment of the World Trade Organization Agreement". Any matter affecting the performance of the obligations arising under this section may be referred to the board of auditors. When the relevant matter is no longer possible to achieve satisfactory results through bilateral or multilateral consultations among the relevant members, the Council shall consult with one or more members on the matter at the request of a member. The Council shall take action that may be agreed to promote the achievement and development of the objectives to be achieved in this section.
3. when implementing the provisions of this section, a member shall not reduce the level of protection of geographical indications of the member already existing before the effective date of the establishment of the WTO agreement.
4. if any member or resident of a member has used another geographical mark of the same or related wine or Baijiu goods or services in the same area or in the same geographical area or at the same time, he has been used for at least 10 years before the conclusion of the Uruguay round of the ministerial meeting or if it is used in good faith before that day. The member should be asked to stop its continued use in the same way.
5. if a trademark has been applied for or registered in good faith or has been granted a trademark right by good faith use before the application of Part VI below by a member or before the protection of the geographical mark is obtained in the country of origin, the measures of this section shall not be taken to prejudice the interests or effectiveness of the registration of the trademark or the right to use the trademark because the trademark is the same or similar to a geographical mark.

6. this section does not require a member to apply the provisions of this section if it is used in the usual language as its usual name in the goods or services in his or her territory and is the same as the geographical indication of other members. This section does not require that member apply the provisions of this section if, on the date of entry into force of the WTO agreement, the customary name of grape varieties existing in a member's territory is the same as that of other member's wine products.
7. members may provide that any request for the use or registration of a geographical indication (as a trademark) under this section shall be made within 5 years after the protected geographical indication is not used as a geographical indication in the territory of the member, and if the trademark has been published on the date of registration and is published earlier than the date of the above-mentioned "known to all" date It shall be made within 5 years after the registration of the trade mark so long as the use or registration of the geographical indication is not malicious.
8. this section shall not prejudice the right of any person to use his or her name in trade activities or the business name he continues to use, but it is not listed in the case of use in a misleading manner to the public.
9. there is no obligation to protect the geographical indications which are not protected or suspended in the country of origin or which have been abolished in the source country.
Section 4 appearance design of industrial products
Article 25 protection requirements
1. all members shall provide protection for the appearance design of industrial products independently created, innovative or original. Members may stipulate that: non novel or non original, which means that there is no obvious difference between a design and a combination of known design or known design features. Members may stipulate that the protection of appearance design shall not extend to the design mainly composed of technical or functional factors.
2. each member shall ensure that the requirements for protecting the appearance design of textiles, especially for costs, inspection or publication, do not unreasonably damage the opportunity to obtain protection. Members have the freedom to choose to perform this obligation by the industrial product design law or copyright law.
Article 26 protection
1. the owner of the protected industrial product design shall have the right to stop the third party from manufacturing, selling or importing for commercial purposes, without permission, the copy or substance copy with or embodied in the protected design.
2. members may provide limited exceptions to the protection of industrial product appearance design. As long as the third party's legitimate interests are taken into account, the exception does not conflict with the normal use of the protected design, nor unreasonably damages the legitimate interests of the owner of the protected design.
3. the protection period available shall be no less than 10 years.
Section V patents
Article 27 patentable inventions
1. subject to the requirements of paragraphs 2 to 3 below of this article, any invention in all technical fields, whether product invention or method invention, is synonymous with "non obvious" and "practical" used by some members as long as it is novel, creative and can be put into industrial application. ）All patents should be possible. On the premise of complying with Article 65, paragraph 4, Article 70, paragraph 8 and paragraph 3 of this article, the acquisition of patents and the right to patent shall not be discriminated on the basis of different places of invention, different technical fields and the difference of products imported or locally manufactured.
2. if it is necessary to protect public order or public morality, including the protection of the life and health of human, animal or plant, or to avoid serious damage to the environment, members may exclude certain inventions from patentable use, and may prevent commercial use of such inventions in such member's territory, provided that such exclusion is not prohibited by law only in the domain of the member use.
3. members may also exclude the following from patentable:
(a) The diagnosis, treatment and surgical methods of human or animal diagnosis and treatment;
(b) Except for microorganisms, the main methods of animals and plants, and the non biological methods and microbial methods for producing animals and plants are mainly biological methods;
However, members shall protect new plant varieties with patent system or effective special system or any combination system. This provision should be examined four years after the entry into force of the "establishment of the World Trade Organization Agreement".
Article 28 rights granted
1. the patent shall give the owner the following exclusive rights:
(a) If the patent protects the product, it shall have the right to stop the unauthorized acts of a third party: manufacturing, using, providing for sale, selling, or importing the product for the above purposes; ⑥ (⑥ this right shall apply to Article 6 above as if it were the right to use, sell, import or other issues of the goods under this agreement. )
(b) If the patent protects the method, it is entitled to stop the unauthorized use of the method by a third party and the following: use, supply, sale or import for the above purposes products directly obtained at least in accordance with the method.
2. the owner of the patent shall also have the right to transfer or transfer his patent through inheritance, and shall have the right to conclude a license contract.
Article 29 conditions for patent applicants
1. the member shall require the patent applicant to disclose his invention in a sufficiently clear and complete manner so that the technical personnel in the same technical field can implement the invention, and may ask the applicant to specify the best implementation scheme known to the inventor of the invention on the date of application or (if a priority claim is made) on the priority date.
2. members may request the patent applicant to provide information on their corresponding foreign applications and approvals.
Article 30 exceptions to the authorized benefits
Members may provide limited exceptions to the exclusive rights granted, provided that, taking into account the legitimate interests of third parties, the exception does not conflict with the normal use of the patent unreasonably, nor unreasonably damages the legitimate interests of the patentee.
Article 31 other use without permission of the right holder
If the member's law allows other use of the contents of the patent without the permission of the holder of the right (⑦ "other use", it means the use other than permitted in Article 30.) , including government use or government authorized third party use, shall comply with the following provisions:
(a) The (official) authorization for such use shall be at the discretion of the parties;
(b) Such use may only be permitted if the person who intends to use the product has made efforts to ask the holder to obtain permission on reasonable commercial terms and conditions, but has not been successful within a reasonable period of time. Once a member enters a state of national emergency, or in other special emergencies, or in a public non-commercial situation, it may not be subject to the above requirements. However, in the case of a state of emergency or other special emergency, the holder of the right shall be notified as soon as reasonably practicable. In public non-commercial use, if the government or the contractor authorized by the government knows or has obvious reason to know that the government will use or will use a valid patent for the government, it shall immediately notify the right holder;
(c) The scope and duration of use shall be limited to the purpose originally allowed; if semiconductor technology is used, only public non-commercial use or relief granted for anti competitive acts has been determined by judicial or administrative procedures;
(d) Such use shall be non proprietary;
(e) Such use shall not be transferred unless it is transferred with the part of the enterprise or goodwill engaged in the use;
(f) Any authorization for such use shall be mainly for the market in the member domain of the supply authorization;
(g) Under the premise of properly protecting the legitimate interests of the authorized user, once the authorization situation is no longer exist and it is difficult to happen again, the authorization for the use shall be suspended. The competent authority shall have the right to ask for an examination of whether the circumstances leading to the authorization continue to exist;
(h) The royalties of the rights holders shall be paid in all the above situations, taking into account the economic value of the authorized use;
(i) The legal effect of such a decision on authorization should be subject to judicial review or other independent review by clearly higher authorities;
(j) Any decision regulating such royalties shall be subject to judicial review or other independent review by the member's apparently higher authority;
(k) If the use is permitted only if the use is permitted by relief which has been determined by judicial or administrative procedures to be anti competitive, the member shall not be obliged to apply the conditions set forth in subparagraphs (b) and (f) above. When determining the usage fee limit for such cases, the need to correct anti competition behavior can be considered. Once the circumstances leading to the authorization may occur again, the competent authority shall have the right to refuse to suspend the authorization;

(l) If such authorization is used to allow the development of a patent ("second patent"), and if it is not infringed upon another patent ("the first patent") and cannot be developed, the following conditions shall apply when authorizing:
1) The invention covered by the second patent claim shall have considerable economic and economic benefits in technical progress compared with the invention covered by the first patent claim;
2) The first patent owner shall have the right to obtain the cross use license for the invention covered by the second patent on reasonable terms;
3) The authorized use of the first patent shall not be transferred except for the transfer with the second patent.
Article 32 cancellation and invalidity
Any decision to revoke or invalidate a patent shall provide an opportunity for judicial review.
Article 33 protection period
The protection period available shall not be less than the end of 20 years from the date of application submission. ⑧ (⑧ for members without the original approval system, the protection period shall be calculated from the date of application for the original approval system.)
Article 34 method patent; burden of proof
1. in civil proceedings for infringement of the rights of the patentee referred to in Article 28, paragraph 1 (b), if the content of the patent is the method of obtaining the product, the judicial authority shall have the right to order the defendant to prove that the method of obtaining the same product is different from that of the patent method. Members shall therefore stipulate that any identical product manufactured without the permission of the patentee shall be deemed to have been obtained by the use of the patent method, at least in one of the following cases, without evidence to the contrary:
(a) If the product obtained by using the patented method is a new product;
(b) If the same product is very similar to the manufacture of the patent method, the patentee, with reasonable efforts, is still unable to determine that it does use the patent method.
2. any member shall be free to provide that the burden of proof referred to in paragraph 1 of this article shall be borne only if the conditions set forth in (a) or (b) above are met and the party referred to as the infringer shall bear the burden of proof as mentioned in paragraph 1 of this article.
3. in quoting the contrary evidence, the defendant shall take into account the legitimate interests of the defendant in protecting the manufacturing secret and trade secret.
Section 6 layout design of integrated circuit (topology)
Article 35 relationship with the IP Treaty of integrated circuit
All members agree to provide protection for the layout design of integrated circuits (i.e. topographical design, hereinafter referred to as "layout design") in accordance with Articles 2 to 7 of the "integrated circuit intellectual property treaty" (except Article 6, paragraph 3), Article 12 and Article 16, paragraph 3; in addition, all members agree to abide by the following provisions.
Article 36 scope of protection
Subject to Article 37, paragraph 1, below, members shall understand the term "right holder" without the right holder ⑨ (⑨ in this section, it shall be understood that the meaning of the term "holder of rights" in the "integrated circuit intellectual property treaty" shall be the same.) The following activities permitted are deemed illegal: import, sell or otherwise issue protected layout designs for commercial purposes; import, sell or otherwise issue integrated circuits containing protected layout designs for commercial purposes; or import, sell or otherwise issue articles containing such integrated circuits for commercial purposes (only if they continue to include illegal reproduction The layout design is limited to).
Article 37 activities without permission of the right holder
1. no member shall, regardless of Article 36, consider that any member shall not consider any activity under Article 36 to be engaged in or provided for any integrated circuit or article containing such integrated circuit designed with illegally reproduced layout, if the person engaged in or provided such activity did not know or reasonably had no reasonable basis for obtaining the article, if he or she had any idea that the article contained a layout design which was not legally reproduced The activity is illegal. Members shall stipulate that after receiving the clear notice that the layout design was originally illegally copied, the above-mentioned actor may still engage in the above activities with respect to the prior inventory or pre purchased goods, but shall be responsible for paying the right holder the payment equal to the use fee payable in the freely negotiated use license contract for the layout design.
2. the conditions set out in Articles 31 (a) to (k) above shall in principle apply to any involuntary permit for layout design or to activities used by or for the government without authorization of the holder of rights.
Article 38 protection period
1. among the members who require registration as a condition of protection, the protection period of layout design shall not be less than 10 years from the date of filing the registration application or from the first commercial use of the design in any part of the world.
2. among the members who do not require registration as a condition of protection, the protection period of layout design shall not be less than 10 years from the first commercial use of the design in any part of the world.
3. no matter what the provisions of paragraphs 1 and 2 above, members may stipulate the protection period as 15 years from the completion of layout design and creation.
Section 7 Protection of information not disclosed
Article 39
1. in the process of ensuring effective protection against unfair competition in accordance with Article 10 bis of the 1967 text of the Paris Convention, members shall protect the undisclosed information in accordance with paragraph 2 of this article; and the data submitted to the government or the government's agency shall be protected in accordance with paragraph 3 of this article.
2. as long as the relevant information meets the following three conditions:
-- in a certain sense, it belongs to secret, that is, as a whole or as the exact combination of contents, the information is not generally understood or easily obtained by people who are usually engaged in the field of information work;
- having commercial value because it belongs to secret;
-- the person who legally controls the information has taken reasonable measures for confidentiality according to relevant conditions;
The natural person and legal person shall be able to prevent others from violating the honest business without permission (10 in this section, "in the way of breach of honest business behavior", it shall include at least such acts as breach of contract, disclosure and inducement of others to disclose information, and also include obtaining undisclosed information through a third party (whether known by the third party or unaware of such serious negligence The acquisition of information will constitute a breach of honest business)
Disclose, acquire or use such information under its control.
3. when a member requests that the undisclosed experimental data or other data be submitted as a condition for approval of the listing of pharmaceutical or agricultural chemical products using new chemical components, if the original activity of the data contains considerable efforts, the member shall protect the data
Data to prevent improper commercial use. At the same time, unless necessary to protect the public, or unless measures have been taken to ensure that the
The protection of data and the prevention of improper commercial use shall be protected by members to prevent it from being leaked.
Section 8 control of competition restriction in the agreement license
Article 40
1. all members agreed that certain licensing trade activities or conditions related to intellectual property that impede competition may have a negative impact on Trade and may hinder the transfer and dissemination of technology.
2. the provisions of this Agreement shall not prevent members from specifying in their domestic legislation that in particular circumstances may constitute abuse of intellectual property rights, thereby negatively affecting competition in the relevant market. As provided above, a member may, subject to other provisions of this agreement, take appropriate measures to prevent or control such activities, taking into account the relevant laws and regulations of the member. Such activities include such as exclusive conditions of re award, conditions prohibiting objections to the validity of the intellectual property rights, or a mandatory package of permits.
3. if any member has reason to believe that the owner of intellectual property rights of a national or resident of another member is engaged in activities that violate the regulations of the former member concerning the contents of this section, and the former member wishes not to prejudice any legal activities, nor hinder the full freedom of the members of each party to make final decisions and to ensure compliance with the laws and regulations in their own domain, the latter member shall take root Consult with the former member at the request of the former member. In accordance with the laws of their territory and the agreement satisfactory to both parties to make the members required to negotiate confidential, the members required to negotiate shall give full and sincere consideration to the negotiation and provide appropriate opportunities, and shall provide the non secret information which can be publicly obtained in connection with the negotiated issues, as well as other information that the member can obtain to show cooperation.
4. if a member's nationals or residents are accused of violating the laws and regulations of another member relating to the contents of this section and are sued in the territory of another member, the former member shall, on the same terms as in paragraph 3 of this article, provide the opportunity to consult with the latter member at the request of the latter member.
Part III enforcement of intellectual property
Section I General Obligations
Article 41
1. members shall ensure that the enforcement procedures set forth in this part can be effective in accordance with their domestic law so as to adopt effective measures to prevent any infringement of intellectual property rights contained in this agreement, including timely relief to prevent infringement and to prevent further infringement. The application of these procedures should avoid obstacles to legitimate trade, and should be able to provide protection against the abuse of relevant procedures.
2. the law enforcement procedure of intellectual property rights shall be fair and reasonable. They must not be too complex or costly, or contain unreasonable time limits or unprotected delays.
3. for the judgment whether or not the case is made, it is best to take the written form and explain the reasons for the judgment. The relevant judgment shall be delivered to the parties to the lawsuit at least in time. The judgment of whether or not the cases are not based on the evidence only, and the parties shall be provided with an opportunity to present the evidence.
4. for the final decision of administration and (subject to the provisions of the jurisdiction of the importance of domestic law for relevant cases), at least the legal issues in the judicial judgment of the first instance of whether the case is not, the litigants shall have the opportunity to submit the case to the judicial authority for review. However, the members are not obliged to provide the opportunity for review for the acquittal in criminal cases.
5. the provisions of this part of the agreement are not deemed to have the following obligations: for the enforcement of intellectual property rights, and instead of the judicial system different from the implementation of general law, this part does not affect the ability of members to implement their general laws. Nothing in this part shall create an obligation between the enforcement of intellectual property rights and the enforcement of general law concerning the distribution of financial and material resources.
Section II civil and administrative procedures and Remedies
Article 42 fair and reasonable procedures
Members shall be rights holders 11 (11 the "rights holders" of this part, including alliances and associations with legal status to claim such rights.) Provide civil judicial procedures for enforcement of any intellectual property rights covered by this agreement. The defendant shall be entitled to timely, detailed and written notice containing the basis for the claim. Independent legal counsel should be allowed to act as the agent of the parties, and the relevant procedures shall not impose the compulsory court appearance of the parties to increase the additional burden. The parties to the procedure shall be formally given the right to prove their claims and to produce all relevant evidence. The procedure should provide measures to identify and protect confidential information unless the measures deviate from the requirements of the current constitution.
Article 43 provision of evidence
1. if one party has provided sufficient evidence to support its claim and can reasonably obtain, and points out the evidence controlled by the other party to prove its claim, the judicial authority shall have the right to order the other party to provide evidence under the condition of protecting the secret information in appropriate circumstances.
2. if a party to the action refuses to accept the necessary information without reasonable reasons, or fails to provide the necessary information within a reasonable period of time, or obviously hinders the proceedings related to the enforcement of intellectual property rights, the member may authorize the judicial authority to present the information (including the rejected acceptance) on the premise of providing the parties with the opportunity to present the claim or evidence A decision to make a preliminary or final confirmation or denial of a party's submission of a statement or a statement that has a negative impact on the information.
Article 44 prohibition

1.司法当局应有权责令当事人停止侵权，尤其有权在海关一旦放行之后，立即禁止含有侵犯知识产权的进口商品在该当局管辖范围内进入商业渠道。对于当事人在已知、或有充分理由应知经营有关商品会导致侵犯知识产权之前即已获得或已预购的该商品，成员无义务授予司法当局上述权力。1. the judicial authority shall have the right to order the parties to stop infringement, especially to prohibit the import goods containing infringement of intellectual property rights from entering the commercial channels within the jurisdiction of the authority once the customs release. Members shall not be obliged to grant the judicial authority the above powers to the goods which the parties have acquired or pre purchased before they know, or have sufficient reason to know, that the operation of the goods will lead to infringement of intellectual property rights.
2. notwithstanding the other provisions of this part, members may provide that, subject to the provisions of Part II, government use without the permission of the holder of rights or the government authorizes third party use, members may provide that remedies for such use are limited to the payment of royalties in accordance with Article 31 (H) above. In other cases, the remedies provided for in this part shall apply or, if such relief is not in accordance with domestic law, a declaration of the right of confirmation and appropriate compensation shall be made.
Article 45 damages
1. for the infringer who has known or has sufficient reason to know that his activities are infringed, the judicial authority shall have the right to order him to pay to the obligee damages sufficient to compensate for the loss caused by the infringement of intellectual property rights to the owner of the right.
2. the judicial authority shall also have the right to order the infringer to pay other expenses to the holder of the right, including the appropriate attorney's fees. In appropriate circumstances, even if the infringer does not know or have no sufficient reason to know that his activities are infringed, the members may authorize the judicial authority to order him to return the profits or make him pay the legal compensation, or both.
Article 46 other remedies
In order to effectively deter the infringement, the judicial authorities shall have the right to exclude the commodities found in the state of infringement from commercial channels without any compensation, to avoid any damage to the rights holders, or, as long as they do not violate the requirements of the current constitution, they shall have the right to order the destruction of the goods. The judicial authorities shall also have the right to order the raw materials and tools mainly used for the production of infringing goods to be excluded from commercial channels without any compensation, and the exclusion degree shall be limited to the extent that the risk of further infringement is minimized. In considering such requests, the interests of third parties should be taken into account and the need for coordination between the severity of the infringement and the relief ordered to be used should be taken into account. For the goods with counterfeit trademarks, except for individual occasions, only the trademarks illegally attached to the goods are removed, which is not enough to allow such goods to be put into commercial channels.
Article 47 right to information
Members may stipulate that, as long as it is not inconsistent with the severity of the infringement, the judicial authority shall have the right to order the infringer to provide the information such as the identity of the third party involved in the manufacture and sale of the infringing goods or the provision of infringing services to the rights holder.
Article 48 compensation to the defendant
1. if the measures required by one party have been taken, but the party abuses the enforcement procedures of intellectual property, the judicial authority shall have the right to order the party to provide appropriate compensation to the other party who is wrongly prohibited or restricted from the damage caused by the abuse. The judicial authority shall also have the right to order the plaintiff to pay the expenses for the defendant, including the appropriate attorney's fees.
2. in the case of administrative enforcement of any law involving the protection or exercise of intellectual property rights, members shall be exempted from their negligence liability for taking measures only when the government authorities and officials take or attempt to take specific relief measures in good faith in the process of such enforcement.
Article 49 Administrative Procedures
When the case is confirmed by administrative procedure and ordered to carry out any civil relief, the administrative procedure shall conform to the same principle as the provisions of this section.
Section III temporary measures
Article 50
1. in order to:
(a) To prevent the infringement of any intellectual property rights, especially to prevent the infringing goods, including the imported goods which have just been released by the customs, from entering the commercial channels within their jurisdiction;
(b) To preserve the relevant evidence of infringement.
The judicial authorities shall have the right to order the adoption of timely and effective interim measures.
2. if it is deemed appropriate, the judicial authority shall have the right to take interim measures, at the request of a party, before the hearing, especially in the event of any delay which is likely to cause irreparable damage to the holder of the right, or in the case of a risk of destruction of the evidence.
3. the judicial authority shall be entitled to request any evidence legally available to the applicant for provisional measures so that the authority itself is sufficient to confirm that the applicant is the holder of the right and that his rights are being infringed or the infringement is taking place, and the authority shall also be entitled to order the applicant to provide a security for action sufficient to protect the defendant and prevent the applicant from abusing his rights, or Provide the guarantee equivalent to it.
4. if the interim measure is taken before the hearing in accordance with a unilateral request, the parties affected by the measure shall be informed in time, and at least after the implementation of the measure, the notice shall not be delayed. A review shall be provided at the request of the defendant within a reasonable period after the notice, including the right to state to the defendant, to determine whether the interim measure must be amended, revoked or confirmed.
5. the applicant who makes the request may be requested to provide other necessary information to enable the judicial authorities to implement interim measures to certify the goods concerned.
6. without prejudice to paragraph 4 of this article, if no action is brought for the judgment of whether the case is not brought within a reasonable period of time, the provisional measures taken in accordance with paragraphs 1 and 2 of this article shall be revoked or the effectiveness of the case shall be suspended at the request of the defendant. If permitted by domestic law, the above-mentioned period is determined by the judicial authority issuing an interim measure order. If there is no judicial authority's determination, the above-mentioned period shall not exceed 20 working days or 31 calendar days, whichever is the longer of the two.
7. if the Interim Measures are revoked, or if any act or negligence of the applicant is invalid, or if it is found afterwards that there is no infringement or infringement threat to intellectual property, the judicial authority shall be entitled to order the applicant to provide the defendant with appropriate compensation for any damage caused to the defendant by the relevant interim measures at the request of the defendant.
8. if the results of administrative procedures can be ordered to take any interim measures, the procedure shall also conform to the same principles as those provided in this section.
Section IV Special requirements for border measures 12
Article 51 The customs authorities suspend the release
Members shall, subject to the provisions below, adopt the relevant procedures 13 so that the holders of rights who have legitimate grounds to suspect the import of counterfeit or pirated goods 14 may apply in writing to the competent judicial or administrative authorities to stop the entry into free circulation of the goods in the customs. For other activities infringing intellectual property, members may also stipulate the same application procedure. As long as they meet the requirements of this section, members can also provide corresponding procedures. For infringing goods intended to export from their territory, the customs authorities shall suspend the release.
(12 If one party member and the other party members participate in the same customs union, so all control over the cross-border circulation of goods between the two borders has been basically cancelled, this section shall not be required to apply at its border.)
(13 it should be considered that the member is not obliged to apply this procedure to the import of goods or the transport of goods launched on the market of another country by the holder himself or with his permission.)
(14 for this Agreement:
-- the goods with counterfeit trademarks refer to any of the following commodities (including packaging): they have not authorized to use the same trademark as the trademark effectively registered on the commodity, or use the trademark whose substance is not distinguishable from the valid registered trademark, thus infringing the rights of the owner of the trademark in accordance with the law of the importing country;
"Pirated goods" means any of the following commodities: they are reproduced without the permission of the holder of rights or the person duly authorized in the country of manufacture of the goods, and they are manufactured directly or indirectly in accordance with an article, and the reproduction of the goods has constituted an infringement of copyright or relevant rights in accordance with the laws of the importing country.)
Article 52 application

Where the holder of a right applying for the procedure in Article 51 above applies, appropriate evidence shall be provided to the competent authority to prove that violations of their intellectual property rights in accordance with the laws of the importing country have been self-evident; and sufficient details of the merchandise in question that enable the customs authorities to identify the infringing commodity in a timely manner shall be provided. The competent authority shall within a reasonable period inform the applicant whether he has accepted his application and, if the time is determined by the competent authority, the time limit for customs action shall be notified to the applicant.
Article 53 security deposit or equivalent guarantee
1. the competent authority shall have the right to require the applicant to provide security or security sufficient to protect the defendant and the competent authority and prevent the applicant from abusing his rights. Such security or equivalent security must reasonably impede the adoption of the above-mentioned procedures.
2. if, on application under this section, the customs authority, at the discretion of a non judicial or other independent authority, suspends the release of goods containing industrial designs, patents, layout designs or undisclosed information, and the duly authorized authority fails to grant interim relief within the period prescribed in Article 55 below, and at this time all other relevant imports are suspended If the conditions are met, the owner, importer or consignee of the commodity concerned shall be entitled to the release of the commodity on the premise of the deposit, which shall be sufficient to protect any infringement of the holder of the right. The delivery of this security shall not prejudice any other relief available to the holder of the right. It should be considered that if the holder of the right fails to bring a suit within a reasonable period of time, the authority shall return the above-mentioned security deposit.
Article 54 notice of suspension of release
The importer and the applicant shall be informed immediately of the suspension of the release of the goods in accordance with Article 51 above.
Article 55 suspension of release period
If within 10 working days after the notice of suspension is given to the applicant, the customs authorities are not notified that the parties other than the defendant have brought a lawsuit on whether or not the judgment case is or that the authority not notified has decided to take interim measures If the suspension period for the release of the commodity is extended, the commodity shall be released, provided that all other conditions for import or export have been met; in appropriate circumstances, the period may be extended for another 10 working days. If a case of judgment is not brought, a review, including the right to state to the defendant, at the request of the defendant, shall be conducted within a reasonable period of time in order to determine whether the measures should be amended, revoked or confirmed. Notwithstanding the above provisions of this article, Article 50, paragraph 6, above shall apply if the release is delayed or suspended in accordance with interim judicial measures.
Article 56 compensation to the importer and the owner of the commodity
The relevant authorities shall have the right to order the applicant to pay appropriate compensation to the importer, consignee and owner of the goods for the loss caused by the goods being withheld or the goods released in accordance with Article 55 above.
Article 57 right to inspect and obtain information
Without prejudice to the protection of confidential information, members shall authorize the competent authority to provide the holder with sufficient opportunity to invite the person to inspect any products withheld by customs to confirm his claim. The competent authority shall also have the right to provide the importer with the same opportunity to invite the person to inspect any such product. If the case is determined to be an infringement, the member may authorize the competent authority to provide the name, address and quantity of the consignor, importer and consignee to the holder of the right.
Article 58 acts in accordance with their functions and powers
If the member requests the competent authority to take the initiative to suspend the release when it has obtained preliminary evidence that the commodity infringes intellectual property rights, then:
(a) The authority may at any time ask the holder of the right any information that may contribute to the exercise of its powers;
(b) The importer and the holder of the right shall be informed of the suspension of release immediately. If the importer has filed a complaint against the suspension to the competent authority, the suspension shall, in principle, comply with the provisions of Article 55 above;
(c) Only when the government authorities and officials are in good faith or attempt to take specific relief measures, members shall be exempted from their negligence for taking measures.
Article 59 relief
Without prejudice to the other rights of the holder of the right to take action freely and to enable the defendant to seek review by the judicial authority, the competent authority shall have the right to order the destruction or disposal of infringing goods in accordance with the principles of Article 46 above. For the goods with counterfeit trademarks, except for individual occasions, the competent authorities shall not allow the infringing goods to be re exported in the original state or to handle the goods in different customs procedures.
Article 60 negligible imports
Members may exclude from the scope of application the above provisions a small number of non-commercial goods carried in the passenger's personal luggage or transported in a small consignment.
Section V criminal procedure
Article 61
All members shall provide criminal procedures and criminal penalties, at least in cases where trademark counterfeiting is intended to be made on a commercial scale or copyright piracy. Remedies that can be used should include imprisonment sufficient to deter, or a fine, or both, to the extent that they meet the criteria of punishment applicable to the corresponding serious crimes. Where appropriate, remedies may also include the detention, confiscation or destruction of infringing goods and any raw materials and tools used primarily for the conduct of such criminal activities. Members may provide that criminal procedures and criminal penalties are applied to other cases of intellectual property infringement, especially in cases of intentional infringement and infringement on a commercial scale.
Part IV Acquisition and maintenance of intellectual property and procedures between the parties concerned
Article 62
1. members may require that compliance with reasonable procedures and reasonable forms be used as a condition for obtaining or maintaining intellectual property rights referred to in sections 2 to 6 of Part II of this agreement. Such procedures and forms shall be in accordance with the provisions of this agreement.
2. if an intellectual property right is available only with authorization or registration, the member shall enable the authorization or registration procedure to ensure that authorization or registration is approved within a reasonable period of time, provided that the substantial conditions for obtaining the right are met, so as not to shorten the protection period without guarantee.
3. Article 4 of the 1967 Paris Convention shall apply in principle to service marks.
4. the general principles set forth in Article 41, paragraphs 2 and 3, shall apply to the procedures for obtaining and maintaining intellectual property rights, as well as the procedures, administrative revocations and objections, invalidation and cancellation procedures between the parties as stipulated in domestic law.
5. final administrative decisions made by any procedure referred to in paragraph 4 of this article shall be subject to the review of the judicial or quasi judicial authority. However, in the case of the non establishment of objection or the non establishment of administrative revocation, there should be no obligation to provide judicial review of the decision, as long as the basis of the procedure can be dealt with in the invalid litigation.
Part V Prevention and settlement of disputes
Article 63 transparency
1. the implementation of each member is related to the content of this Agreement (i.e. the effectiveness, scope, acquisition, enforcement and prevention of abuse of intellectual property rights) Laws, regulations, and generally applicable final adjudication and final administrative decisions shall be issued in the language of the country; if there is no possibility of promulgation in practice, the language of the country shall be made available to the public to the public to inform member governments and holders of rights. All agreements relating to the content of this Agreement shall also be promulgated between the government or government agency of a party and any other government or government agency.
2. members shall notify the "Trade Related Intellectual Property Council" of the laws and regulations referred to in paragraph 1 of this article in order to assist the Council in examining the implementation of this agreement. The Council should seek to reduce the burden on members in fulfilling this obligation. If the consultation with the World Intellectual Property Organization on the establishment of a common registration body to receive the above laws and regulations is successful, the obligation to inform the Council directly of the relevant laws and regulations may be revoked. The Council shall also consider in this regard the measures required to be submitted from Article 6 ter of the 1967 text of the Paris Convention and notifications in conformity with its obligations under this agreement.
3. each member shall be prepared to provide the type of information referred to in paragraph 1 of this article at the written request of the other party's members. If a member has reason to believe that a special judicial judgment or administrative decision or bilateral agreement in the field of intellectual property rights affects its rights under this agreement, it may also request in writing to obtain or request the other party to inform the other party of the sufficient details of such special judicial judgment, administrative award or bilateral agreement.
4. if the disclosure of the relevant secret information will hinder the enforcement of the law or violate the public interest, or damage the legitimate commercial interests of a specific public or private enterprise, neither paragraphs 1 to 3 of this article require the members to disclose the confidential information.
Article 64 dispute settlement
1. except for the special provisions of this agreement, the understanding agreement on the rules and procedures for the settlement of disputes reached in the 1994 general agreement on the interpretation and application of Articles 22 and 23 of the general agreement shall apply to the negotiation and settlement of disputes arising from this agreement.
2. Article 23, paragraphs 1 (b) and (c) of the general agreement on Tariffs and trade of 1994, shall not apply to the settlement of disputes arising from this agreement within five years after the entry into force of the "establishment of the World Trade Organization Agreement".
3. within the period referred to in paragraph 2 of this article, the "Trade Related Intellectual Property Council" shall review the implementation of the views made under this agreement of Article 23, paragraphs 1 (b) and (c), referred to in paragraph 2, and submit the Council's recommendations to the ministerial meeting for approval. Any decision taken by the Ministerial Conference to approve the relevant proposal or extend the period of paragraph 2 of this article must be unanimously adopted, and the adopted proposal shall take effect without further approval procedures.
Part VI transition agreement
Article 65 transitional agreement
1. subject to paragraphs 2 to 4 of this article, no member shall be obliged to apply the provisions of this agreement within one year after the date of entry into force of the "establishment of the World Trade Organization Agreement".
2. any member of developing countries shall have the right to apply this Agreement for a further 4 years beyond the time specified in paragraph 1 of this article, except for articles 3 to 5 of part I of this agreement.
3. any other member who is transforming from the central planned economy to the free market enterprise economy and is undergoing the institutional reform of its intellectual property system and facing special problems in the preparation and implementation of intellectual property law may also enjoy the extension of application as indicated in paragraph 2 of this article.
4. if a developing country member is obliged to extend the protection of product patents to the unprotected technical field in its territory before the date of application of this agreement, the application of section 5 of Part II of this agreement in such technical field may be delayed for another 5 years.
5. any member enjoying the transitional period provided in paragraphs 1 to 4 of this article shall ensure that any changes in the laws, regulations and judicial practices in its territory during the transition period shall not result in a reduction of protection in accordance with the level of this agreement.
Article 66 members of the least developed countries
1. taking into account the special needs and requirements of the members of the least developed countries, taking into account their economic, financial and administrative pressures, and their need for flexibility to create an effective technical base, such members shall not be required to implement the provisions of this agreement within 10 years from the date of application referred to in article 65.1 above, except articles 3 to 5 of this agreement. The Council shall allow for an extension of the period, upon the initiative of the members of the least developed countries, at their legitimate request.
2. developed country members should encourage enterprises and units in their own regions to develop technology transfer to the members of the least developed countries so that the members of the least developed countries can create a good and effective technical base.
Article 67 technical cooperation

In order to facilitate the implementation of this agreement, developed country Members shall provide technical and financial cooperation to benefit developing country members and least developed country members, on the basis of requirements and in accordance with the terms and conditions agreed upon by photo mutual agreement. Such cooperation should include assisting the latter in the development of domestic legislation to protect intellectual property rights, intellectual property law enforcement and the prevention of abuse of intellectual property rights, and should also include support for the establishment or improvement of domestic official and agency agencies related to this, including training of personnel.
Part VII institutional arrangements; Final Provisions
Article 68 Trade Related Intellectual Property Council
The trade related intellectual property Council shall supervise the implementation of this agreement, in particular the performance of all members' obligations under this agreement, and shall provide members with the opportunity to negotiate trade-related intellectual property issues. The Council shall complete other tasks designated by members, in particular providing any assistance required by members in the settlement of disputes. In the course of the performance of its duties, the Council may consult with or obtain information from it in any respect it considers appropriate. Through consultations with the world intellectual property organization, the Council should seek, within one year of its first meeting, appropriate arrangements for cooperation with the organization's institutions.
Article 69 international cooperation
In order to eliminate international trade in commodities infringing intellectual property, all members agree to cooperate with each other. For this reason, members shall establish liaison offices in their domestic administrative organs and inform them of the liaison office, and shall exchange information on trade in infringing goods at any time. Members should, in particular, promote the exchange and cooperation between their customs authorities on the trade in counterfeit and pirated goods.
Article 70 protection of existing objects
1. the act of this agreement before the date of application of this agreement to the relevant members shall not result in any obligation.
2. unless otherwise provided in this agreement, this Agreement shall have obligations to existing objects before the date of application of this agreement to the relevant members, provided that the object is protected on the date of application of this agreement by the relevant member, or the object has met or is about to meet the standards set forth in the conditions for protection under this agreement. For this paragraph and paragraphs 3 and 4 of this article, the copyright protection obligation of existing works shall be subject to Article 18 of 1971 text of Berne Convention only. The obligation to protect the rights of producers and performers in the existing recordings shall be subject to Article 14.6 of this agreement only in accordance with Article 18 of 1971 version of Bernie convention.
3. the object that has entered the public domain on the date of application of this agreement by the relevant member shall not be obliged to resume protection.
4. for a specific object that reflects the protected object, if any activity carried out against it constitutes an infringement in accordance with the provisions of the legislation of this agreement, and the activity has commenced or has made significant investments before the date of the member's approval of the WTO agreement, any member may continue the activity to the holder of rights after the application of this agreement to the member The remedies available for the conduct are limited. However, in such a case, members shall at least provide for fair use fees to the holders of rights.
5. for the original or duplicate purchased by the relevant member before the date of application of this agreement, such Member shall not be obliged to apply Article 11 and article 14.4 of this agreement.
6. if a patent has been used without the permission of the holder of the right before this Agreement becomes known, it shall not be required that the member apply Article 31 or the patent right in Article 27 (1) shall not be subject to the requirements of the technical field.
7. if the protection of intellectual property is a prerequisite for registration, it shall be allowed to modify the pending application for registration submitted before the relevant member applies this agreement in order to require any enhanced protection provided by this agreement. Such modifications shall not be added to new objects.
8. if, on the date of entry into force of the WTO agreement, a member has not yet complied with the obligations set forth in Article 27 of this agreement in respect of patent protection of pharmaceutical and chemical products and agricultural chemical products, the member:
(1) No matter what is provided in part VI above, measures to be submitted for patent applications for the invention shall be provided for from the date of entry into force of the agreement establishing the World Trade Organization;
(2) On the date of application of this agreement, the standards for obtaining patents as set forth in this Agreement shall be applied to the above patent applications, and shall be deemed to have been applied from the date of filing the application to the member; if the priority is available and the applicant also requires priority, the standards shall be deemed to have been applied from the priority date of the application;
(3) For any application that meets the protection standards referred to in Item (2) of this article, patent protection shall be provided according to this agreement, from the approval of its patent, for the remaining time of the unexpired protection period, calculated on the date of filing the application as stipulated in Article 33 of this agreement.
9. if a product is in a patent application filed in a member domain pursuant to Article 8 (1) above, the member shall grant the product exclusive launch to the market, no matter what part VI of this agreement provides, 5 years after the product is licensed for launch in that member's territory or until the application for the patent for the product is approved or rejected, whichever is the shorter of the two Field rights, as long as the patent application has been filed by another member after the entry into force of the WTO agreement, and has been granted product patents and allowed to be put on the market in the other member domain.
Article 71 review and revision
1. after the expiry of the transition period referred to in Article 65, paragraph 2 above, "the trade related intellectual property Council" shall review the implementation of this agreement. The Council should also review it two years after the date of the first review, taking into account the experience already in its implementation, and thereafter fixed it to be reviewed every two years. The Council may also conduct a review in the event of new developments that may justify the correction or amendment of this agreement.
2. for amendments only aimed at improving the level of protection of intellectual property, if adopted and in force in other multilateral agreements and all members of the world trade organization have accepted the amendments in the agreement, the agreement on the establishment of the world trade organization may be followed ”Article 10, paragraph 6, is submitted to the ministerial meeting for discussion on the basis of the agreement of the "Trade Related Intellectual Property Council".
Article 72 reservation
No provision of this Agreement may be retained without the consent of other members.
Article 73 exceptions to the guarantee of safety
Nothing in this Agreement shall be construed as:
1. require any member to provide information that it considers to conflict with its basic security interests once disclosed; or
2. to stop any member from taking such actions as it considers necessary to protect its basic security interests in the light of the following issues:
(1) Involving or derived from fissionable substances;
(2) Transactions involving arms, ammunition and war equipment, or other commodities and raw materials directly or indirectly for the provision of military facilities;
(3) Measures taken in wartime or other emergency situations in international relations; or
3. to stop any member from taking any action to fulfil its obligations under the Charter of the United Nations concerning the maintenance of international peace and security.