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СОГЛАШЕНИЕ ПО ТОРГОВЫМ АСПЕКТАМ ПРАВ ИНТЕЛЛЕКТУАЛЬНОЙ СОБСТВЕННОСТИ [АНГЛ.] (ЗАКЛЮЧЕНО В Г. МАРРАКЕШЕ 15.04.1994)

(по состоянию на 20 октября 2006 года)

<<< Назад


                               AGREEMENT
        ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

                        (Marrakesh, 15.IV.1994)

       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:

            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").
       --------------------------------
       <1> When  "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.
       <2> 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 14 July 1967. "Berne 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
   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 Integrated Circuits,  adopted
   at Washington on 26  May  1989.  "WTO  Agreement"  refers  to  the
   Agreement Establishing the WTO.

                               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.

                               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  protection  <*>  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.
       --------------------------------
       <*> For 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 property
   rights specifically addressed in this Agreement.

       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.

                               Article 5

                 Multilateral Agreements on Acquisition
                      or Maintenance of Protection

       The obligations under  Articles  3  and  4  do  not  apply  to
   procedures provided in multilateral agreements concluded under the
   auspices of WIPO relating to the  acquisition  or  maintenance  of
   intellectual property rights.

                               Article 6

                               Exhaustion

       For the  purposes  of dispute settlement under this Agreement,
   subject to the provisions of Articles 3  and  4  nothing  in  this
   Agreement  shall be used to address the issue of the exhaustion of
   intellectual property rights.

                               Article 7

                               Objectives

       The protection and enforcement of intellectual property rights
   should contribute to the promotion of technological innovation and
   to the transfer and dissemination of  technology,  to  the  mutual
   advantage of producers and users of technological knowledge and in
   a manner conducive to  social  and  economic  welfare,  and  to  a
   balance of rights and obligations.

                               Article 8

                               Principles

       1. Members  may,  in  formulating  or  amending their laws and
   regulations, adopt measures necessary to protect public health and
   nutrition,  and to promote the public interest in sectors of vital
   importance to their socio-economic and technological  development,
   provided  that such measures are consistent with the provisions of
   this Agreement.
       2. Appropriate  measures,  provided  that  they are consistent
   with the provisions of this Agreement,  may be needed  to  prevent
   the  abuse of intellectual property rights by right holders or the
   resort to practices which unreasonably restrain trade or adversely
   affect the international transfer of technology.

         PART II. STANDARDS CONCERNING THE AVAILABILITY, SCOPE
                AND USE OF INTELLECTUAL PROPERTY RIGHTS

                               Section 1

                      COPYRIGHT AND RELATED RIGHTS

                               Article 9

                    Relation to the Berne Convention

       1. Members  shall  comply  with  Articles  1 through 21 of the
   Berne Convention (1971) and the Appendix thereto. However, Members
   shall  not  have  rights  or  obligations  under this Agreement in
   respect of  the  rights  conferred  under  Article 6 bis  of  that
   Convention or of the rights derived therefrom.
       2. Copyright protection shall extend to expressions and not to
   ideas,  procedures,  methods of operation or mathematical concepts
   as such.

                               Article 10

               Computer Programs and Compilations of Data

       1. Computer programs,  whether in source or object code, shall
   be protected as literary works under the Berne Convention (1971).
       2. Compilations of data or other material,  whether in machine
   readable  or  other  form,  which  by  reason  of the selection or
   arrangement of their contents  constitute  intellectual  creations
   shall be protected as such. Such protection, which shall no extend
   to the data or material itself,  shall be without prejudice to any
   copyright subsisting in the data or material itself.

                               Article 11

                             Rental Rights

       In respect  of  at least computer programs and cinematographic
   works,  a Member shall provide authors  and  their  successors  in
   title  the right to authorize or to prohibit the commercial rental
   to the public of originals or copies of their copyright  works.  A
   Member  shall  be  excepted  from  this  obligation  in respect of
   cinematographic works unless such rental  has  led  to  widespread
   copying  of such works which is materially impairing the exclusive
   right of reproduction conferred in  that  Member  on  authors  and
   their successors in title.  In respect of computer programs,  this
   obligation does not apply to rentals where the program  itself  is
   not the essential object of the rental.

                               Article 12

                           Term of Protection

       Whenever the  term  of  protection  of  a  work,  other than a
   photographic work or a work of applied art,  is  calculated  on  a
   basis other than the life of a natural person,  such term shall be
   no less than 50 years  from  the  end  of  the  calendar  year  of
   authorized  publication,  or,  failing such authorized publication
   within 50 years from the making of the work, 50 years from the end
   of the calendar year of making.

                               Article 13

                       Limitations and Exceptions

       Members shall  confine  limitations or exceptions to exclusive
   rights to certain special cases  which  do  not  conflict  with  a
   normal  exploitation of the work and do not unreasonably prejudice
   the legitimate interests of the right holder.

                               Article 14

           Protection of Performers, Producers of Phonograms
           (Sound Recordings) and Broadcasting Organizations

       1. In  respect  of  a  fixation  of  their  performance  on  a
   phonogram, performers shall have the possibility of preventing the
   following  acts  when undertaken without their authorization:  the
   fixation of their unfixed performance and the reproduction of such
   fixation. Performers shall also have the possibility of preventing
   the following acts when undertaken  without  their  authorization:
   the  broadcasting  by  wireless means and the communication to the
   public of their live performance.
       2. Producers  of phonograms shall enjoy the right to authorize
   or  prohibit  the  direct  or  indirect  reproduction   of   their
   phonograms.
       3. Broadcasting organizations shall have the right to prohibit
   the  following  acts  when undertaken without their authorization:
   the   fixation,   the   reproduction   of   fixations,   and   the
   rebroadcasting  by  wireless  means of broadcasts,  as well as the
   communication to the public of television broadcasts of the  same.
   Where   Members   do   not   grant  such  rights  to  broadcasting
   organizations,  they shall provide  owners  of  copyright  in  the
   subject  matter  of  broadcasts with the possibility of preventing
   the   above   acts,   subject  to  the  provisions  of  the  Berne
   Convention (1971).
       4. The  provisions  of  Article  11  in  respect  of  computer
   programs  shall  apply mutatis mutandis to producers of phonograms
   and any other right holders  in  phonograms  as  determined  in  a
   Member's  law.  If on 15 April 1994 a Member has in force a system
   of  equitable  remuneration  of  right  holders  in respect of the
   rental  of  phonograms,  it may maintain such system provided that
   the  commercial  rental  of  phonograms  is not giving rise to the
   material  impairment  of  the  exclusive rights of reproduction of
   right holders.
       5. The  term  of the protection available under this Agreement
   to performers and producers of  phonograms  shall  last  at  least
   until the end of a period of 50 years computed from the end of the
   calendar year in which the fixation was made  or  the  performance
   took place. The term of protection granted pursuant to paragraph 3
   shall last for at least 20 years from the end of the calendar year
   in which the broadcast took place.
       6. Any Member may,  in relation to the rights conferred  under
   paragraphs  1,  2  and  3,  provide  for conditions,  limitations,
   exceptions and reservations to the extent permitted  by  the  Rome
   Convention.  However, the  provisions  of Article 18  of the Berne
   Convention (1971) shall  also  apply,  mutatis  mutandis,  to  the
   rights of performers and producers of phonograms in phonograms.

                               Section 2

                               TRADEMARKS

                               Article 15

                       Protectable Subject Matter

       1. Any   sign,   or  any  combination  of  signs,  capable  of
   distinguishing the goods or services of one undertaking from those
   of   other  undertakings,  shall  be  capable  of  constituting  a
   trademark.  Such signs,  in particular  words  including  personal
   names letters,  numerals,  figurative elements and combinations of
   colours as well  as  any  combination  of  such  signs,  shall  be
   eligible  for  registration  as  trademarks.  Where  signs are not
   inherently  capable  of  distinguishing  the  relevant  goods   or
   services,    Members    may    make   registrability   depend   on
   distinctiveness acquired through use.  Members may require,  as  a
   condition of registration, that signs be visually perceptible.
       2. Paragraph 1 shall not be understood  to  prevent  a  Member
   from  denying  registration  of  a  trademark  on  other  grounds,
   provided that they do not derogate  from  the  provisions  of  the
   Paris Convention (1967).
       3. Members may make registrability  depend  on  use.  However,
   actual  use  of a trademark shall not be a condition for filing an
   application for registration.  An application shall not be refused
   solely  on the ground that intended use has not taken place before
   the  expiry  of  a  period  of  three  years  from  the  date   of
   application.
       4. The nature of the goods or services to which a trademark is
   to be applied shall in no case form an obstacle to registration of
   the trademark.
       5. Members  shall  publish  each trademark either before it is
   registered or promptly after it is registered and shall  afford  a
   reasonable  opportunity  for petitions to cancel the registration.
   In  addition,  Members  may  afford   an   opportunity   for   the
   registration of a trademark to be opposed.

                               Article 16

                            Rights Conferred

       1. The   owner  of  a  registered  trademark  shall  have  the
   exclusive right to  prevent  all  third  parties  not  having  the
   owner's  consent  from  using  in the course of trade identical or
   similar signs for goods or services which are identical or similar
   to  those  in  respect  of which the trademark is registered where
   such use would result in a likelihood of confusion. In case of the
   use  of  an  identical  sign  for  identical goods or services,  a
   likelihood of confusion shall be presumed.  The  rights  described
   above  shall  not  prejudice any existing prior rights,  nor shall
   they affect the possibility of Members making rights available  on
   the basis of use.
       2. Article 6 bis of the Paris Convention (1967)  shall  apply,
   mutatis mutandis,  to services. In determining whether a trademark
   is well known,  Members shall take account of the knowledge of the
   trademark  in  the  relevant  sector  of  the  public,   including
   knowledge  in  the  Member  concerned which has been obtained as a
   result of the promotion of the trademark.
       3. Article 6 bis of the Paris Convention (1967)  shall  apply,
   mutatis  mutandis,  to  goods or services which are not similar to
   those in respect of which a trademark is registered, provided that
   use of that trademark in relation to those goods or services would
   indicate a connection between those  goods  or  services  and  the
   owner  of the registered trademark and provided that the interests
   of the owner of the registered trademark are likely to be  damaged
   by such use.

                               Article 17

                               Exceptions

       Members may provide limited exceptions to the rights conferred
   by a trademark,  such as fair use of descriptive  terms,  provided
   that  such  exceptions take account of the legitimate interests of
   the owner of the trademark and of third parties.

                               Article 18

                           Term of Protection

       Initial registration,  and each renewal of registration,  of a
   trademark  shall  be  for a term of no less than seven years.  The
   registration of a trademark shall be renewable indefinitely.

                               Article 19

                           Requirement of Use

       1. If  use  is  required  to  maintain  a  registration,   the
   registration  may  be cancelled only after an uninterrupted period
   of at least three years of non-use,  unless valid reasons based on
   the  existence of obstacles to such use are shown by the trademark
   owner.  Circumstances  arising  independently  of  the will of the
   owner  of the trademark which constitute an obstacle to the use of
   the trademark,  such as import restrictions on or other government
   requirements  for  goods  or  services protected by the trademark,
   shall be recognized as valid reasons for non-use.
       2. When  subject  to  the  control  of  its  owner,  use  of a
   trademark by another person shall be  recognized  as  use  of  the
   trademark for the purpose of maintaining the registration.

                               Article 20

                           Other Requirements

       The use  of  a  trademark  in the course of trade shall not be
   unjustifiably encumbered by special requirements, such as use with
   another  trademark,  use  in  a  special  form  or use in a manner
   detrimental to its capability to distinguish the goods or services
   of one undertaking from those of other undertakings. This will not
   preclude a  requirement  prescribing  the  use  of  the  trademark
   identifying  the undertaking producing the goods or services along
   with,  but without linking it to, the trademark distinguishing the
   specific goods or services in question of that undertaking.

                               Article 21

                        Licensing and Assignment

       Members may   determine   conditions   on  the  licensing  and
   assignment of trademarks,  it being understood that the compulsory
   licensing  of trademarks shall not be permitted and that the owner
   of a registered trademark shall  have  the  right  to  assign  the
   trademark  with  or  without the transfer of the business to which
   the trademark belongs.

                               Section 3

                        GEOGRAPHICAL INDICATIONS

                               Article 22

                 Protection of Geographical Indications

       1. Geographical  indications  are,  for  the  purposes of this
   Agreement, indications which identify a good as originating in the
   territory of a Member,  or a region or locality in that territory,
   where a given quality,  reputation or other characteristic  of the
   good is essentially attributable to its geographical origin.
       2. In  respect  of  geographical  indications,  Members  shall
   provide the legal means for interested parties to prevent:
       (a) the use of any means in the designation or presentation of
   a  good  that  indicates  or  suggests  that  the good in question
   originates in a geographical area other than  the  true  place  of
   origin   in   a  manner  which  misleads  the  public  as  to  the
   geographical origin of the good;
       (b) any  use  which  constitutes  an act of unfair competition
   within the meaning  of  Article  10 bis  of the  Paris  Convention
   (1967).
       3. A Member shall, ex officio if its legislation so permits or
   at  the  request of an interested party,  refuse or invalidate the
   registration of a  trademark  which  contains  or  consists  of  a
   geographical  indication  with respect to goods not originating in
   the territory indicated, if use of the indication in the trademark
   for  such  goods  in that Member is of such a nature as to mislead
   the public as to the true place of origin.
       4. The  protection  under  paragraphs  1,  2  and  3  shall be
   applicable  against  a  geographical  indication  which,  although
   literally  true  as to the territory,  region or locality in which
   the goods  originate,  falsely  represents  to the public that the
   goods originate in another territory.

                               Article 23

           Additional Protection for Geographical Indications
                         for Wines and Spirits

       1. Each Member shall provide the legal  means  for  interested
   parties  to  prevent  use of a geographical indication identifying
   wines for wines not originating in  the  place  indicated  by  the
   geographical  indication  in  question  or identifying spirits for
   spirits not originating in the place indicated by the geographical
   indication in question, even where the true origin of the goods is
   indicated or the geographical indication is used in translation or
   accompanied  by  expressions  such  as  "kind",  "type",  "style",
   "imitation" or the like. <*>
       --------------------------------
       <*> Notwithstanding the first sentence of Article 42,  Members
   may,  with respect  to  these  obligations,  instead  provide  for
   enforcement by administrative action.

       2. The registration of a trademark for wines which contains or
   consists of a geographical indication  identifying  wines  or  for
   spirits  which  contains  or consists of a geographical indication
   identifying spirits shall be refused or invalidated, ex officio if
   a  Member's  legislation  so  permits  or  at  the  request  of an
   interested party, with respect to such wines or spirits not having
   this origin.
       3. In the case  of  homonymous  geographical  indications  for
   wines, protection shall be accorded to each indication, subject to
   the provisions of paragraph 4 of Article  22.  Each  Member  shall
   determine  the  practical  conditions  under  which the homonymous
   indications  in  question  will be differentiated from each other,
   taking  into account the need to ensure equitable treatment of the
   producers concerned and that consumers are not misled.
       4. In  order  to  facilitate  the  protection  of geographical
   indications for wines,  negotiations shall be  undertaken  in  the
   Council  for  TRIPS concerning the establishment of a multilateral
   system  of   notification   and   registration   of   geographical
   indications  for  wines  eligible  for protection in those Members
   participating in the system.

                               Article 24

                 International Negotiations: Exceptions

       1. Members  agree  to  enter  into   negotiations   aimed   at
   increasing  the  protection of individual geographical indications
   under Article 23.  The provisions of paragraphs 4 through 8  below
   shall not be used by a Member to refuse to conduct negotiations or
   to  conclude bilateral or multilateral agreements.  In the context
   of  such  negotiations,  Members  shall be willing to consider the
   continued   applicability   of   these  provisions  to  individual
   geographical  indications  whose  use  was  the  subject  of  such
   negotiations.
       2. The   Council   for  TRIPS  shall  keep  under  review  the
   application of the provisions of  this  Section;  the  first  such
   review  shall  take place within two years of the entry into force
   of the WTO Agreement. Any matter affecting the compliance with the
   obligations  under  these provisions may be drawn to the attention
   of the Council,  which,  at the request of a Member, shall consult
   with any Member or Members in respect of such matter in respect of
   which it has not been possible to  find  a  satisfactory  solution
   through   bilateral  or  plurilateral  consultations  between  the
   Members concerned.  The Council shall take such action as  may  be
   agreed  to  facilitate the operation and further the objectives of
   this Section.
       3. In  implementing this Section,  a Member shall not diminish
   the protection of geographical indications that  existed  in  that
   Member  immediately  prior  to the date of entry into force of the
   WTO Agreement.
       4. Nothing  in  this Section shall require a Member to prevent
   continued and similar use of a particular geographical  indication
   of  another Member identifying wines or spirits in connection with
   goods or services by any of its  nationals  or  domiciliaries  who
   have used that geographical indication in a continuous manner with
   regard to the same or related goods or services in  the  territory
   of that Member either (a) for at least 10 years preceding 15 April
   1994 or (b) in good faith preceding that date.
       5. Where  a  trademark  has  been applied for or registered in
   good faith,  or where rights to a  trademark  have  been  acquired
   through use in good faith either:
       (a) before the date of application of these provisions in that
   Member as defined in Part VI; or
       (b) before the geographical indication  is  protected  in  its
   country of origin;
       measures adopted to implement this Section shall not prejudice
   eligibility   for  or  the  validity  of  the  registration  of  a
   trademark, or the right to use a trademark, on the basis that such
   a  trademark  is  identical  with,  or similar to,  a geographical
   indication.
       6. Nothing in this Section shall require a Member to apply its
   provisions in respect of a geographical indication  of  any  other
   Member  with  respect  to goods or services for which the relevant
   indication is identical with the term customary in common language
   as  the common name for such goods or services in the territory of
   that Member.  Nothing in this Section shall require  a  Member  to
   apply  its  provisions  in respect of a geographical indication of
   any other Member with respect to products of the  vine  for  which
   the  relevant indication is identical with the customary name of a
   grape variety existing in the territory of that Member as  of  the
   date of entry into force of the WTO Agreement.
       7. A Member may provide  that  any  request  made  under  this
   Section  in connection with the use or registration of a trademark
   must be presented within five years after the adverse use  of  the
   protected indication has become generally known in that Member  or
   after the date of registration of the  trademark  in  that  Member
   provided  that  the trademark has been published by that date,  if
   such date is earlier than the date on which the adverse use became
   generally  known  in  that Member,  provided that the geographical
   indication is not used or registered in bad faith.
       8. The  provisions  of  this Section shall in no way prejudice
   the right of any person to use,  in  the  course  of  trade,  that
   person's  name  or  the  name  of  that  person's  predecessor  in
   business,  except where such name is used in such a manner  as  to
   mislead the public.
       9. There shall  be  no  obligation  under  this  Agreement  to
   protect  geographical  indications  which  are  not or cease to be
   protected in their country of origin,  or which have  fallen  into
   disuse in that country.

                               Section 4

                           INDUSTRIAL DESIGNS

                               Article 25

                      Requirements for Protection

       1. Members  shall  provide for the protection of independently
   created industrial designs that are new or original.  Members  may
   provide  that  designs  are  not  new  or  original if they do not
   significantly differ from known designs or combinations  of  known
   design  features.  Members  may provide that such protection shall
   not  extend  to  designs  dictated  essentially  by  technical  or
   functional considerations.
       2. Each Member shall ensure  that  requirements  for  securing
   protection  for  textile  designs,  in particular in regard to any
   cost,  examination or publication,  do not unreasonably impair the
   opportunity to  seek and obtain such protection.  Members shall be
   free to meet this obligation  through  industrial  design  law  or
   through copyright law.

                               Article 26

                               Protection

       1. The  owner  of a protected industrial design shall have the
   right to prevent third parties not having the owner's consent from
   making,  selling  or  importing  articles  bearing  or embodying a
   design which is a copy,  or substantially a copy, of the protected
   design, when such acts are undertaken for commercial purposes.
       2. Members may provide limited exceptions to the protection of
   industrial   designs,   provided   that  such  exceptions  do  not
   unreasonably conflict with the normal  exploitation  of  protected
   industrial   designs   and   do  not  unreasonably  prejudice  the
   legitimate interests of the owner of the protected design,  taking
   account of the legitimate interests of third parties.
       3. The duration of protection available  shall  amount  to  at
   least 10 years.

                               Section 5

                                PATENTS

                               Article 27

                       Patentable Subject Matter

       1. Subject to the provisions of paragraphs 2  and  3,  patents
   shall  be  available  for  any  inventions,  whether  products  or
   processes,  in all fields of technology,  provided that  they  are
   new,  involve  an  inventive  step  and  are capable of industrial
   application <*>. Subject to paragraph 4 of Article 65, paragraph 8
   of  Article  70 and paragraph 3 of this Article,  patents shall be
   available and patent rights enjoyable without discrimination as to
   the  place  of  invention,  the  field  of  technology and whether
   products are imported or locally produced.
       --------------------------------
       <*> For the purposes of this  Article,  the  terms  "inventive
   step"  and  "capable of industrial application" may be deemed by a
   Member to be synonymous with the terms "non-obvious" and  "useful"
   respectively.

       2. Members may  exclude  from  patentability  inventions,  the
   prevention  within  their territory of the commercial exploitation
   of which  is  necessary  to  protect  ordre  public  or  morality,
   including  to protect human,  animal or plant life or health or to
   avoid serious prejudice to the  environment,  provided  that  such
   exclusion   is   not  made  merely  because  the  exploitation  is
   prohibited by their law.
       3. Members may also exclude from patentability:
       (a) diagnostic,  therapeutic  and  surgical  methods  for  the
   treatment of humans or animals;
       (b) plants  and  animals  other  than   micro-organisms,   and
   essentially  biological  processes for the production of plants or
   animals other than non-biological and  microbiological  processes.
   However,  Members  shall  provide  for  the  protection  of  plant
   varieties either by patents or by an effective sui generis  system
   or by any combination thereof. The provisions of this subparagraph
   shall be reviewed four years after the date of entry into force of
   the WTO Agreement.

                               Article 28

                            Rights Conferred

       1. A  patent shall confer on its owner the following exclusive
   rights:
       (a) where the subject matter of a  patent  is  a  product,  to
   prevent third parties not having the owner's consent from the acts
   of:  making,  using,  offering for sale, selling, or importing <*>
   for these purposes that product;
       --------------------------------
       <*> This right,  like all other rights  conferred  under  this
   Agreement  in  respect  of  the  use,  sale,  importation or other
   distribution of goods, is subject to the provisions of Article 6.

       (b) where  the  subject  matter  of a patent is a process,  to
   prevent third parties not having the owner's consent from the  act
   of using the process,  and from the acts of:  using,  offering for
   sale,  selling,  or  importing  for  these  purposes  at least the
   product obtained directly by that process.
       2. Patent owners shall also  have  the  right  to  assign,  or
   transfer  by  succession,  the  patent  and  to conclude licensing
   contracts.

                               Article 29

                    Conditions on Patent Applicants

       1. Members shall require that an applicant for a patent  shall
   disclose the invention in a manner sufficiently clear and complete
   for the invention to be carried out by a person skilled in the art
   and  may  require  the  applicant  to  indicate  the best mode for
   carrying out the invention known to the  inventor  at  the  filing
   date  or,  where priority is claimed,  at the priority date of the
   application.
       2. Members  may  require  an applicant for a patent to provide
   information  concerning  the  applicant's  corresponding   foreign
   applications and grants.

                               Article 30

                     Exceptions to Rights Conferred

       Members may provide limited exceptions to the exclusive rights
   conferred by a  patent,  provided  that  such  exceptions  do  not
   unreasonably conflict with a normal exploitation of the patent and
   do not unreasonably prejudice  the  legitimate  interests  of  the
   patent owner,  taking account of the legitimate interests of third
   parties.

                               Article 31

          Other Use Without Authorization of the Right Holder

       Where the law of a Member allows for  other  use  <*>  of  the
   subject  matter of a patent without the authorization of the right
   holder,  including  use  by  the  government  or   third   parties
   authorized  by  the government,  the following provisions shall be
   respected:
       --------------------------------
       <*> "Other  use"  refers  to use other than that allowed under
   Article 30.

       (a) authorization of such  use  shall  be  considered  on  its
   individual merits;
       (b) such use may only be permitted if,  prior to such use, the
   proposed  user  has  made efforts to obtain authorization from the
   right holder on reasonable commercial  terms  and  conditions  and
   that  such  efforts  have  not been successful within a reasonable
   period of time.  This requirement may be waived by a Member in the
   case  of  a  national  emergency or other circumstances of extreme
   urgency or in cases of public non-commercial use. In situations of
   national emergency or other circumstances of extreme urgency,  the
   right  holder  shall,  nevertheless,  be  notified  as   soon   as
   reasonably practicable.  In the case of public non-commercial use,
   where the  government  or  contractor,  without  making  a  patent
   search,  knows  or  has  demonstrable grounds to know that a valid
   patent is or will be used by or  for  the  government,  the  right
   holder shall be informed promptly;
       (c) the scope and duration of such use shall be limited to the
   purpose   for  which  it  was  authorized,  and  in  the  case  of
   semi-conductor technology shall only be for public  non-commercial
   use   or  to  remedy  a  practice  determined  after  judicial  or
   administrative process to be anti-competitive;
       (d) such use shall be non-exclusive;
       (e) such use shall be non-assignable, except with that part of
   the enterprise or goodwill which enjoys such use;
       (f) any such use shall be  authorized  predominantly  for  the
   supply of the domestic market of the Member authorizing such use;
       (g) authorization for such use shall  be  liable,  subject  to
   adequate  protection of the legitimate interests of the persons so
   authorized,  to be terminated if and when the circumstances  which
   led to it cease to exist and are unlikely to recur.  The competent
   authority shall have  the  authority  to  review,  upon  motivated
   request, the continued existence of these circumstances;
       (h) the right holder shall be paid  adequate  remuneration  in
   the  circumstances of each case,  taking into account the economic
   value of the authorization;
       (i) the  legal  validity  of  any  decision  relating  to  the
   authorization of such use shall be subject to judicial  review  or
   other  independent  review  by a distinct higher authority in that
   Member;
       (j) any  decision  relating  to  the  remuneration provided in
   respect of such use shall be subject to judicial review  or  other
   independent review by a distinct higher authority in that Member;
       (k) Members are not obliged to apply the conditions set  forth
   in subparagraphs (b) and (f) where such use is permitted to remedy
   a practice determined after judicial or administrative process  to
   be   anti-competitive.   The   need  to  correct  anti-competitive
   practices may be taken into account in determining the  amount  of
   remuneration  in such cases.  Competent authorities shall have the
   authority to refuse termination of authorization if and  when  the
   conditions which led to such authorization are likely to recur;
       (l) where such use is authorized to permit the exploitation of
   a  patent  ("the second patent") which cannot be exploited without
   infringing another patent  ("the  first  patent"),  the  following
   additional conditions shall apply:
           (i) the invention  claimed  in  the  second  patent  shall
       involve   an   important  technical  advance  of  considerable
       economic significance in relation to the invention claimed  in
       the first patent;
           (ii) the owner of the first patent shall be entitled to  a
       cross-licence on reasonable terms to use the invention claimed
       in the second patent; and
           (iii) the  use  authorized  in respect of the first patent
       shall be non-assignable except  with  the  assignment  of  the
       second patent.

                               Article 32

                        Revocation / Forfeiture

       An opportunity  for  judicial review of any decision to revoke
   or forfeit a patent shall be available.

                               Article 33

                           Term of Protection

       The term of protection available  shall  not  end  before  the
   expiration  of  a  period  of twenty years counted from the filing
   date. <*>
       --------------------------------
       <*> It  is  understood  that those Members which do not have a
   system of original grant may provide that the term  of  protection
   shall  be  computed from the filing date in the system of original
   grant.

                               Article 34

                    Process Patents: Burden of Proof

       1. For the purposes of civil proceedings  in  respect  of  the
   infringement   of   the   rights  of  the  owner  referred  to  in
   paragraph 1(b) of Article 28, if the subject matter of a patent is
   a process for obtaining a product,  the judicial authorities shall
   have  the  authority  to  order  the  defendant  to prove that the
   process  to  obtain  an  identical  product  is different from the
   patented process.  Therefore,  Members shall provide,  in at least
   one  of  the  following circumstances,  that any identical product
   when  produced  without the consent of the patent owner shall,  in
   the  absence  of  proof  to  the contrary,  be deemed to have been
   obtained by the patented process:
       (a) if the product obtained by the patented process is new;
       (b) if there is a substantial likelihood  that  the  identical
   product  was  made  by the process and the owner of the patent has
   been unable through reasonable efforts to  determine  the  process
   actually used.
       2. Any Member shall be free to  provide  that  the  burden  of
   proof  indicated  in paragraph 1 shall be on the alleged infringer
   only if the condition referred to in subparagraph (a) is fulfilled
   or  only  if  the  condition  referred  to  in subparagraph (b) is
   fulfilled.
       3. In  the adduction of proof to the contrary,  the legitimate
   interests of defendants  in  protecting  their  manufacturing  and
   business secrets shall be taken into account.

                               Section 6

          LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS

                               Article 35

                      Relation to the IPIC Treaty

       Members agree  to  provide  protection  to  the layout-designs
   (topographies)  of  integrated  circuits  (referred  to  in   this
   Agreement  as  "layout-designs")  in  accordance  with  Articles 2
   through 7 (other than paragraph 3 of Article 6),  Article  12  and
   paragraph  3  of Article 16 of the Treaty on Intellectual Property
   in Respect of Integrated Circuits and, in addition, to comply with
   the following provisions.

                               Article 36

                        Scope of the Protection

       Subject to  the  provisions  of  paragraph  1  of  Article 37,
   Members shall consider unlawful the following  acts  if  performed
   without   the  authorization  of  the right holder <*>: importing,
   selling,  or otherwise  distributing  for  commercial  purposes  a
   protected   layout-design,   an  integrated  circuit  in  which  a
   protected   layout-design   is   incorporated,   or   an   article
   incorporating  such  an  integrated  circuit  only in so far as it
   continues to contain an unlawfully reproduced layout-design.
       --------------------------------
       <*> The   term   "right  holder"  in  this  Section  shall  be
   understood as having the same meaning as the term "holder  of  the
   right" in the IPIC Treaty.

                               Article 37

        Acts Not Requiring the Authorization of the Right Holder

       1. Notwithstanding  Article  36,  no  Member  shall   consider
   unlawful  the  performance  of any of the acts referred to in that
   Article in respect  of  an  integrated  circuit  incorporating  an
   unlawfully  reproduced  layout-design or any article incorporating
   such an integrated circuit where the person performing or ordering
   such acts did not know and had no reasonable ground to know,  when
   acquiring the integrated circuit or article incorporating such  an
   integrated circuit,  that it incorporated an unlawfully reproduced
   layout-design.  Members shall provide that,  after the  time  that
   such  person has received sufficient notice that the layout-design
   was unlawfully reproduced, that person may perform any of the acts
   with respect to the stock on hand or ordered before such time, but
   shall be liable to pay to the right holder a sum equivalent  to  a
   reasonable  royalty  such  as  would  be  payable  under  a freely
   negotiated licence in respect of such a layout-design.
       2. The  conditions set out in subparagraphs (a) through (k) of
   Article 31 shall apply  mutatis  mutandis  in  the  event  of  any
   non-voluntary licensing of a layout-design or of its use by or for
   the government without the authorization of the right holder.

                               Article 38

                           Term of Protection

       1. In  Members  requiring  registration  as  a  condition   of
   protection, the term of protection of layout-designs shall not end
   before the expiration of a period of 10  years  counted  from  the
   date  of filing an application for registration  or from the first
   commercial exploitation wherever in the world it occurs.
       2. In  Members  not  requiring registration as a condition for
   protection,  layout-designs shall be protected for a  term  of  no
   less  than  10  years  from  the  date  of  the  first  commercial
   exploitation wherever in the world it occurs.
       3. Notwithstanding  paragraphs  1 and 2,  a Member may provide
   that protection shall lapse 15 years after  the  creation  of  the
   layout-design.

                               Section 7

                 PROTECTION OF UNDISCLOSED INFORMATION

                               Article 39

       1. In  the  course  of  ensuring  effective protection against
   unfair competition as provided  in  Article 10 bis  of  the  Paris
   Convention  (1967),  Members shall protect undisclosed information
   in  accordance  with paragraph 2 and data submitted to governments
   or governmental agencies in accordance with paragraph 3.
       2. Natural and legal persons shall  have  the  possibility  of
   preventing  information  lawfully  within their control from being
   disclosed to, acquired by, or used by others without their consent
   in a manner contrary to honest commercial practices <*> so long as
   such information:
       --------------------------------
       <*> For the purpose of this provision,  "a manner contrary  to
   honest commercial practices" shall mean at least practices such as
   breach of contract, breach of confidence and inducement to breach,
   and  includes  the acquisition of undisclosed information by third
   parties who knew,  or were grossly negligent in failing  to  know,
   that such practices were involved in the acquisition.

       (a) is secret in the sense that it is not, as a body or in the
   precise configuration and assembly of  its  components,  generally
   known  among  or  readily accessible to persons within the circles
   that normally deal with the kind of information in question;
       (b) has commercial value because it is secret; and
       (c) has  been  subject   to   reasonable   steps   under   the
   circumstances,   by   the   person  lawfully  in  control  of  the
   information, to keep it secret.
       3. Members,  when  requiring,  as a condition of approving the
   marketing of pharmaceutical or of agricultural  chemical  products
   which utilize new chemical entities, the submission of undisclosed
   test or other data, the origination of which involves considerable
   effort,  shall protect such data against unfair commercial use. In
   addition,  Members shall protect  such  data  against  disclosure,
   except where necessary to protect the public,  or unless steps are
   taken to  ensure  that  the  data  are  protected  against  unfair
   commercial use.

                               Section 8

                 CONTROL OF ANTI-COMPETITIVE PRACTICES
                        IN CONTRACTUAL LICENCES

                               Article 40

       1. Members agree that some licensing practices  or  conditions
   pertaining   to   intellectual   property  rights  which  restrain
   competition may have adverse effects on trade and may  impede  the
   transfer and dissemination of technology.
       2. Nothing  in  this  Agreement  shall  prevent  Members  from
   specifying  in their legislation licensing practices or conditions
   that may in particular cases constitute an abuse  of  intellectual
   property  rights  having  an  adverse effect on competition in the
   relevant   market.   As  provided  above,   a  Member  may  adopt,
   consistently   with   the  other  provisions  of  this  Agreement,
   appropriate measures  to prevent or control such practices,  which
   may include for example exclusive grantback conditions, conditions
   preventing challenges to validity and coercive package  licensing,
   in the light of the relevant laws and regulations of that Member.
       3. Each Member shall enter,  upon request,  into consultations
   with  any  other  Member  which  has  cause  to  believe  that  an
   intellectual  property  right  owner  that  is   a   national   or
   domiciliary  of  the Member to which the request for consultations
   has been addressed is undertaking practices  in  violation  of the
   requesting  Member's laws and regulations on the subject matter of
   this Section,  and which wishes to  secure  compliance  with  such
   legislation,  without prejudice to any action under the law and to
   the full freedom of an ultimate decision  of  either  Member.  The
   Member  addressed  shall accord full and sympathetic consideration
   to,  and shall afford adequate opportunity for, consultations with
   the  requesting  Member,  and  shall  cooperate  through supply of
   publicly available non-confidential information  of  relevance  to
   the  matter  in question and of other information available to the
   Member,  subject to domestic law and to the conclusion of mutually
   satisfactory   agreements   concerning  the  safeguarding  of  its
   confidentiality by the requesting Member.
       4. A  Member  whose  nationals or domiciliaries are subject to
   proceedings in another Member concerning alleged violation of that
   other  Member's laws and regulations on the subject matter of this
   Section  shall,  upon  request,  be  granted  an  opportunit   for
   consultations  by  the  other  Member under the same conditions as
   those foreseen in paragraph 3.

         PART III. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

                               Section 1

                          GENERAL OBLIGATIONS

                               Article 41

       1. Members  shall  ensure  that  enforcement   procedures   as
   specified  in  this  Part  are  available under their law so as to
   permit  effective  action  against  any  act  of  infringement  of
   intellectual property rights covered by this Agreement,  including
   expeditious remedies to prevent infringements and  remedies  which
   constitute a deterrent to further infringements.  These procedures
   shall be applied in such a manner as  to  avoid  the  creation  of
   barriers to legitimate trade and to provide for safeguards against
   their abuse.
       2. Procedures   concerning  the  enforcement  of  intellectual
   property rights shall be fair and equitable.  They  shall  not  be
   unnecessarily   complicated  or  costly,  or  entail  unreasonable
   time-limits or unwarranted delays.
       3. Decisions  on  the  merits of a case shall preferably be in
   writing and reasoned. They shall be made available at least to the
   parties  to  the proceeding without undue delay.  Decisions on the
   merits of a case shall be based only on  evidence  in  respect  of
   which parties were offered the opportunity to be heard.
       4. Parties to a  proceeding  shall  have  an  opportunity  for
   review  by  a judicial authority of final administrative decisions
   and,  subject to  jurisdictional  provisions  in  a  Member's  law
   concerning the importance of a case, of at least the legal aspects
   of initial judicial decisions on the merits of  a  case.  However,
   there  shall be no obligation to provide an opportunity for review
   of acquittals in criminal cases.
       5. It  is  understood  that  this  Part  does  not  create any
   obligation to put in place a judicial system for  the  enforcement
   of  intellectual  property  rights  distinct  from  that  for  the
   enforcement of law in general,  nor does it affect the capacity of
   Members  to  enforce  their  law in general.  Nothing in this Part
   creates  any  obligation  with  respect  to  the  distribution  of
   resources  as  between enforcement of intellectual property rights
   and the enforcement of law in general.

                               Section 2

            CIVIL AND ADMINISTRATIVE PROCEDURES AND REMEDIES

                               Article 42

                     Fair and Equitable Procedures

       Members shall  make  available  to  right  holders  <*>  civil
   judicial procedures concerning the enforcement of any intellectual
   property right covered by this Agreement.  Defendants  shall  have
   the   right  to  written  notice  which  is  timely  and  contains
   sufficient detail,  including the basis  of  the  claims.  Parties
   shall  be  allowed to be represented by independent legal counsel,
   and procedures shall not  impose  overly  burdensome  requirements
   concerning  mandatory  personal  appearances.  All parties to such
   procedures shall be duly entitled to substantiate their claims and
   to  present  all relevant evidence.  The procedure shall provide a
   means to identify and  protect  confidential  information,  unless
   this would be contrary to existing constitutional requirements.
       --------------------------------
       <*> For  the  purpose  of  this Part,  the term "right holder"
   includes federations and associations  having  legal  standing  to
   assert such rights.

                               Article 43

                                Evidence

       1. The judicial authorities shall have the authority,  where a
   party has presented reasonably available  evidence  sufficient  to
   support   its  claims  and  has  specified  evidence  relevant  to
   substantiation of its claims which lies  in  the  control  of  the
   opposing  party,  to  order  that this evidence be produced by the
   opposing party,  subject in appropriate cases to conditions  which
   ensure the protection of confidential information.
       2. In cases in which a party to a proceeding  voluntarily  and
   without  good  reason  refuses  access  to,  or otherwise does not
   provide necessary  information  within  a  reasonable  period,  or
   significantly  impedes  a  procedure  relating  to  an enforcement
   action,  a Member may accord judicial authorities the authority to
   make   preliminary   and   final  determinations,  affirmative  or
   negative,  on the basis of  the  information  presented  to  them,
   including  the  complaint or the allegation presented by the party
   adversely affected by the denial of access to information, subject
   to  providing  the  parties  an  opportunity  to  be  heard on the
   allegations or evidence.

                               Article 44

                              Injunctions

       1. The judicial authorities shall have the authority to  order
   a party to desist from an infringement,  inter alia to prevent the
   entry into the channels  of  commerce  in  their  jurisdiction  of
   imported  goods  that  involve the infringement of an intellectual
   property right, immediately after customs clearance of such goods.
   Members  are  not  obliged  to accord such authority in respect of
   protected subject matter acquired or ordered by a person prior  to
   knowing  or having reasonable grounds to know that dealing in such
   subject matter would entail the infringement  of  an  intellectual
   property right.
       2. Notwithstanding the  other  provisions  of  this  Part  and
   provided  that  the  provisions of Part II specifically addressing
   use  by  governments,  or  by  third  parties  authorized   by   a
   government,  without  the  authorization  of  the right holder are
   complied with,  Members may limit the remedies  available  against
   such   use   to   payment   of  remuneration  in  accordance  with
   subparagraph (h) of Article 31. In other cases, the remedies under
   this  Part  shall apply or,  where these remedies are inconsistent
   with  a  Member's  law,   declaratory   judgments   and   adequate
   compensation shall be available.

                               Article 45

                                Damages

       1. The  judicial authorities shall have the authority to order
   the  infringer  to  pay  the  right  holder  damages  adequate  to
   compensate for the injury the right holder has suffered because of
   an infringement of that person's intellectual property right by an
   infringer  who  knowingly,  or  with  reasonable  grounds to know,
   engaged in infringing activity.
       2. The  judicial  authorities shall also have the authority to
   order the infringer to pay the right holder  expenses,  which  may
   include appropriate attorney's fees. In appropriate cases, Members
   may  authorize  the  judicial  authorities  to  order  recovery of
   profits and / or payment of pre-established damages even where the
   infringer did not knowingly,  or with reasonable grounds to  know,
   engage in infringing activity.

                               Article 46

                             Other Remedies

       In order to create an effective deterrent to infringement, the
   judicial authorities shall have the authority to order that  goods
   that they have found to be infringing be,  without compensation of
   any sort,  disposed of outside the channels of commerce in such  a
   manner as to avoid any harm caused to the right holder, or, unless
   this would be contrary to  existing  constitutional  requirements,
   destroyed.  The judicial authorities shall also have the authority
   to order that materials and  implements  the  predominant  use  of
   which has been in the creation of the infringing goods be, without
   compensation of any sort,  disposed of  outside  the  channels  of
   commerce  in  such  a  manner  as to minimize the risks of further
   infringements.  In  considering  such  requests,  the   need   for
   proportionality  between  the  seriousness of the infringement and
   the remedies ordered as well as the  interests  of  third  parties
   shall  be  taken into account.  In regard to counterfeit trademark
   goods,  the simple removal of  the  trademark  unlawfully  affixed
   shall  not  be  sufficient,  other  than in exceptional cases,  to
   permit release of the goods into the channels of commerce.

                               Article 47

                          Right of Information

       Members may provide that the judicial authorities  shall  have
   the  authority,  unless  this  would  be  out of proportion to the
   seriousness of the infringement,  to order the infringer to inform
   the  right holder of the identity of third persons involved in the
   production and distribution of the infringing  goods  or  services
   and of their channels of distribution.

                               Article 48

                    Indemnification of the Defendant

       1. The  judicial authorities shall have the authority to order
   a party at whose request measures were taken and  who  has  abused
   enforcement  procedures  to provide to a party wrongfully enjoined
   or  restrained  adequate  compensation  for  the  injury  suffered
   because  of  such abuse.  The judicial authorities shall also have
   the  authority  to  order  the  applicant  to  pay  the  defendant
   expenses, which may include appropriate attorney's fees.
       2. In respect of the administration of any law  pertaining  to
   the  protection  or  enforcement  of intellectual property rights,
   Members shall only exempt both public  authorities  and  officials
   from liability to appropriate remedial measures  where actions are
   taken  or  intended  in  good  faith  in   the   course   of   the
   administration of that law.

                               Article 49

                       Administrative Procedures

       To the extent that any civil remedy can be ordered as a result
   of administrative  procedures  on  the  merits  of  a  case,  such
   procedures  shall conform to principles equivalent in substance to
   those set forth in this Section.

                               Section 3

                          PROVISIONAL MEASURES

                               Article 50

       1. The judicial authorities shall have the authority to  order
   prompt and effective provisional measures:
       (a) to prevent an infringement of  any  intellectual  property
   right from occurring,  and in particular to prevent the entry into
   the channels of commerce in their jurisdiction of goods, including
   imported goods immediately after customs clearance;
       (b) to preserve relevant evidence in  regard  to  the  alleged
   infringement.
       2. The judicial authorities shall have the authority to  adopt
   provisional  measures inaudita altera parte where appropriate,  in
   particular where any delay is likely to cause irreparable harm  to
   the  right  holder,  or  where  there  is  a demonstrable  risk of
   evidence being destroyed.
       3. The  judicial  authorities  shall  have  the  authority  to
   require the applicant to provide any reasonably available evidence
   in  order  to  satisfy  themselves  with  a  sufficient  degree of
   certainty that the applicant is the  right  holder  and  that  the
   applicant's  right is being infringed or that such infringement is
   imminent,  and to order the applicant to  provide  a  security  or
   equivalent  assurance  sufficient  to protect the defendant and to
   prevent abuse.
       4. Where  provisional  measures  have  been  adopted  inaudita
   altera parte,  the parties affected shall be given notice, without
   delay after the execution of the measures at the latest. A review,
   including a right to be heard,  shall take place upon  request  of
   the defendant with a view to deciding,  within a reasonable period
   after the notification of the  measures,  whether  these  measures
   shall be modified, revoked or confirmed.
       5. The applicant may be required to supply  other  information
   necessary  for  the  identification  of the goods concerned by the
   authority that will execute the provisional measures.
       6. Without  prejudice  to  paragraph  4,  provisional measures
   taken on the basis of paragraphs 1 and 2 shall,  upon  request  by
   the  defendant,  be revoked or otherwise cease to have effect,  if
   proceedings  leading  to  a decision on the merits of the case are
   not initiated within a reasonable period,  to be determined by the
   judicial authority ordering the measures where a Member's  law  so
   permits or,  in the absence of such a determination, not to exceed
   20 working days or 31 calendar days, whichever is the longer.
       7. Where  the  provisional  measures are revoked or where they
   lapse due to any act or omission by the applicant,  or where it is
   subsequently  found  that there has been no infringement or threat
   of infringement of an intellectual property  right,  the  judicial
   authorities shall have the authority to order the applicant,  upon
   request of the defendant,  to provide  the  defendant  appropriate
   compensation for any injury caused by these measures.
       8. To the extent that any provisional measure can  be  ordered
   as  a  result of administrative procedures,  such procedures shall
   conform to principles equivalent in substance to those  set  forth
   in this Section.

                               Section 4

          SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES <1>

                               Article 51

              Suspension of Release by Customs Authorities

       Members shall,  in  conformity  with  the  provisions  set out
   below,  adopt procedures <2> to enable a  right  holder,  who  has
   valid  grounds  for suspecting that the importation of counterfeit
   trademark or pirated copyright goods <3> may take place,  to lodge
   an    application   in   writing   with   competent   authorities,
   administrative or judicial,  for the  suspension  by  the  customs
   authorities  of  the  release into free circulation of such goods.
   Members may enable such an application to be made  in  respect  of
   goods  which  involve other infringements of intellectual property
   rights,  provided that the requirements of this Section  are  met.
   Members  may  also provide for corresponding procedures concerning
   the suspension by  the  customs  authorities  of  the  release  of
   infringing goods destined for exportation from their territories.
       --------------------------------
       <1> Where  a  Member has dismantled substantially all controls
   over movement of goods across its border with another Member  with
   which  it forms part of a customs union,  it shall not be required
   to apply the provisions of this Section at that border.
       <2> It  is  understood  that  there  shall be no obligation to
   apply such procedures to imports of goods put  on  the  market  in
   another country by or with the consent of the right holder,  or to
   goods in transit.
       <3> For the purposes of this Agreement:
       (a) "counterfeit  trademark  goods"  shall  mean  any   goods,
   including  packaging,  bearing  without  authorization a trademark
   which is identical to the trademark validly registered in  respect
   of such goods,  or  which cannot be distinguished in its essential
   aspects from such a trademark,  and which  thereby  infringes  the
   rights  of the owner of the trademark in question under the law of
   the country of importation;
       (b) "pirated  copyright  goods" shall mean any goods which are
   copies made without the consent of the right holder or person duly
   authorized  by  the  right holder in the country of production and
   which are made directly or indirectly from an  article  where  the
   making  of  that  copy would have constituted an infringement of a
   copyright or a related right under  the  law  of  the  country  of
   importation.

                               Article 52

                              Application

       Any right  holder  initiating  the procedures under Article 51
   shall be required to provide  adequate  evidence  to  satisfy  the
   competent  authorities  that,  under  the  laws  of the country of
   importation,  there is prima facie an infringement  of  the  right
   holder's  intellectual property right and to supply a sufficiently
   detailed  description  of  the  goods   to   make   them   readily
   recognizable by the customs authorities. The competent authorities
   shall inform the applicant within a reasonable period whether they
   have  accepted  the  application  and,  where  determined  by  the
   competent  authorities,  the  period   for   which   the   customs
   authorities will take action.

                               Article 53

                    Security or Equivalent Assurance

       1. The  competent  authorities  shall  have  the  authority to
   require an applicant to provide a security or equivalent assurance
   sufficient  to protect the defendant and the competent authorities
   and to prevent abuse.  Such security or equivalent assuranse shall
   not unreasonably deter recourse to these procedures.
       2. Where pursuant to an application  under  this  Section  the
   release   of   goods   involving   industrial   designs,  patents,
   layout-designs or undisclosed information  into  free  circulation
   has  been  suspended  by  customs  authorities  on  the basis of a
   decision  other than by a judicial or other independent authority,
   and  the period provided for in Article 55 has expired without the
   granting of provisional relief by the  duly  empowered  authority,
   and  provided  that all other conditions for importation have been
   complied with,  the owner,  importer,  or consignee of such  goods
   shall be entitled to their release on the posting of a security in
   an  amount  sufficient  to  protect  the  right  holder  for   any
   infringement.  Payment  of  such  security shall not prejudice any
   other remedy available to the right holder,  it  being  understood
   that  the  security shall be released if the right holder fails to
   pursue the right of action within a reasonable period of time.

                               Article 54

                          Notice of Suspension

       The importer and the applicant shall be promptly  notified  of
   the suspension of the release of goods according to Article 51.

                               Article 55

                         Duration of Suspension

       If, within  a  period  not exceeding 10 working days after the
   applicant has been served notice of the  suspension,  the  customs
   authorities  have  not been informed that proceedings leading to a
   decision on the merits of the case have been initiated by a  party
   other than the defendant, or that the duly empowered authority has
   taken  provisional  measures  prolonging  the  suspension  of  the
   release of the goods,  the goods shall be released,  provided that
   all other conditions for  importation  or  exportation  have  been
   complied  with;  in  appropriate  cases,  this  time-limit  may be
   extended by another 10 working days.  If proceedings leading to  a
   decision on the merits of the case have been initiated,  a review,
   including a right to be heard,  shall take place upon  request  of
   the defendant with a view to deciding, within a reasonable period,
   whether these measures shall be modified,  revoked  or  confirmed.
   Notwithstanding the above,  where the suspension of the release of
   goods is carried out or continued in accordance with a provisional
   judicial  measure,  the  provisions  of  paragraph 6 of Article 50
   shall apply.

                               Article 56

                    Indemnification of the Importer
                     and of the Owner of the Goods

       Relevant authorities  shall  have  the  authority to order the
   applicant to pay the importer,  the consignee and the owner of the
   goods  appropriate  compensation  for  any  injury  caused to them
   through the wrongful detention of goods or through  the  detention
   of goods released pursuant to Article 55.

                               Article 57

                  Right of Inspection and Information

       Without prejudice    to   the   protection   of   confidential
   information,  Members shall provide the competent authorities  the
   authority  to give the right holder sufficient opportunity to have
   any goods detained by the customs authorities inspected  in  order
   to   substantiate   the   right  holder's  claims.  The  competent
   authorities shall also have authority  to  give  the  importer  an
   equivalent  opportunity to have any such goods inspected.  Where a
   positive determination has been made on  the  merits  of  a  case,
   Members  may  provide  the  competent authorities the authority to
   inform the  right  holder  of  the  names  and  addresses  of  the
   consignor,  the  importer and the consignee and of the quantity of
   the goods in question.

                               Article 58

                           Ex Officio Action

       Where Members require competent authorities to act upon  their
   own  initiative  and to suspend the release of goods in respect of
   which they have acquired prima facie evidence that an intellectual
   property right is being infringed:
       (a) the competent authorities may at any time  seek  from  the
   right  holder  any  information  that  may assist them to exercise
   these powers;
       (b) the  importer  and  the  right  holder  shall  be promptly
   notified of the suspension.  Where  the  importer  has  lodged  an
   appeal against the suspension with the competent authorities,  the
   suspension shall be subject to the  conditions,  mutatis mutandis,
   set out at Article 55;
       (c) Members shall only  exempt  both  public  authorities  and
   officials  from  liability  to appropriate remedial measures where
   actions are taken or intended in good faith.

                               Article 59

                                Remedies

       Without prejudice to other rights of action open to the  right
   holder and subject to the right of the defendant to seek review by
   a  judicial  authority,  competent  authorities  shall  have   the
   authority to order the destruction or disposal of infringing goods
   in accordance with the principles set out in Article 46. In regard
   to  counterfeit  trademark goods,  the authorities shall not allow
   the re-exportation of the infringing goods in an  unaltered  state
   or  subject  them to a different customs procedure,  other than in
   exceptional circumstances.

                               Article 60

                           De Minimis Imports

       Members may  exclude  from  the  application  of   the   above
   provisions  small  quantities  of goods of a non-commercial nature
   contained  in  travellers'  personal  luggage  or  sent  in  small
   consignments.

                               Section 5

                          CRIMINAL PROCEDURES

                               Article 61

       Members shall provide for criminal procedures and penalties to
   be applied at least in cases of wilful trademark counterfeiting or
   copyright  piracy on a commercial scale.  Remedies available shall
   include imprisonment and / or monetary fines sufficient to provide
   a deterrent,  consistently with the level of penalties applied for
   crimes of a corresponding gravity.  In appropriate cases, remedies
   available  shall  also  include  the   seizure,   forfeiture   and
   destruction  of  the  infringing  goods  and  of any materials and
   implements the predominant use of which has been in the commission
   of  the  offence.  Members may provide for criminal procedures and
   penalties  to  be  applied  in  other  cases  of  infringement  of
   intellectual   property  rights,  in  particular  where  they  are
   committed wilfully and on a commercial scale.

          PART IV. ACQUISITION AND MAINTENANCE OF INTELLECTUAL
          PROPERTY RIGHTS AND RELATED INTER-PARTES PROCEDURES

                               Article 62

       1. Members may require,  as a condition of the acquisition  or
   maintenance of the intellectual property rights provided for under
   Sections 2 through  6  of  Part  II,  compliance  with  reasonable
   procedures and formalities.  Such procedures and formalities shall
   be consistent with the provisions of this Agreement.
       2. Where  the acquisition of an intellectual property right is
   subject to the right being granted or  registered,  Members  shall
   ensure  that the procedures for grant or registration,  subject to
   compliance  with the substantive conditions for acquisition of the
   right,  permit  the granting or registration of the right within a
   reasonable period of time so as to avoid  unwarranted  curtailment
   of the period of protection.
       3. Article 4  of  the  Paris  Convention  (1967)  shall  apply
   mutatis mutandis to service marks.
       4. Procedures concerning the  acquisition  or  maintenance  of
   intellectual  property  rights and,  where a Member's law provides
   for such procedures,  administrative revocation and  inter  partes
   procedures such as opposition,  revocation and cancellation, shall
   be governed by the general principles set out in paragraphs 2  and
   3 of Article 41.
       5. Final administrative decisions in  any  of  the  procedures
   referred  to  under  paragraph  4  shall be subject to review by a
   judicial or quasi-judicial authority.  However,  there shall be no
   obligation  to provide an opportunity for such review of decisions
   in cases of unsuccessful opposition or administrative  revocation,
   provided  that  the grounds for such procedures can be the subject
   of invalidation procedures.

               PART V. DISPUTE PREVENTION AND SETTLEMENT

                               Article 63

                              Transparency

       1. Laws and regulations,  and  final  judicial  decisions  and
   administrative rulings of general application, made effective by a
   Member pertaining to the subject matter  of  this  Agreement  (the
   availability,  scope,  acquisition,  enforcement and prevention of
   the abuse of intellectual property rights) shall be published,  or
   where such publication is not practicable made publicly available,
   in a national language,  in such a manner as to enable governments
   and  right  holders  to  become  acquainted with them.  Agreements
   concerning the subject matter of this Agreement which are in force
   between  the  government  or a governmental agency of a Member and
   the government or a governmental agency of  another  Member  shall
   also be published.
       2. Members shall notify the laws and regulations  referred  to
   in  paragraph  1  to the Council for TRIPS in order to assist that
   Council in its review of the  operation  of  this  Agreement.  The
   Council  shall  attempt  to  minimize  the  burden  on  Members in
   carrying  out  this  obligation  and  may  decide  to  waive   the
   obligation  to  notify  such  laws and regulations directly to the
   Council if consultations with  WIPO  on  the  establishment  of  a
   common   register   containing  these  laws  and  regulations  are
   successful. The Council shall also consider in this connection any
   action   required   regarding   notifications   pursuant   to  the
   obligations under this Agreement stemming from the  provisions  of
   Article 6ter of the Paris Convention (1967).
       3. Each Member shall be prepared to supply,  in response to  a
   written  request  from  another  Member,  information  of the sort
   referred to in paragraph 1.  A Member,  having reason  to  believe
   that  a specific  judicial  decision  or  administrative ruling or
   bilateral agreement in the area of  intellectual  property  rights
   affects  its  rights  under  this  Agreement,  may also request in
   writing to be given access to or be informed in sufficient  detail
   of  such  specific judicial decisions or administrative rulings or
   bilateral agreements.
       4. Nothing  in paragraphs 1,  2 and 3 shall require Members to
   disclose  confidential  information   which   would   impede   law
   enforcement  or  otherwise  be  contrary to the public interest or
   would prejudice the legitimate commercial interests of  particular
   enterprises, public or private.

                               Article 64

                           Dispute Settlement

       1. The  provisions  of Articles XXII and XXIII of GATT 1994 as
   elaborated and applied by  the  Dispute  Settlement  Understanding
   shall  apply to consultations and the settlement of disputes under
   this Agreement except as otherwise specifically provided herein.
       2. Subparagraphs  1(b)  and 1(c) of Article XXIII of GATT 1994
   shall not apply to the settlement of disputes under this Agreement
   for  a  period  of five years from the date of entry into force of
   the WTO Agreement.
       3. During  the  time  period  referred to in paragraph 2,  the
   Council for TRIPS shall  examine  the  scope  and  modalities  for
   complaints  of  the type provided for under subparagraphs 1(b) and
   1(c)  of  Article  XXIII  of  GATT  1994  made  pursuant  to  this
   Agreement,  and  submit  its  recommendations  to  the Ministerial
   Conference  for  approval.  Any  decision   of   the   Ministerial
   Conference to approve such recommendations or to extend the period
   in paragraph 2 shall be  made  only  by  consensus,  and  approved
   recommendations shall be effective for all Members without further
   formal acceptance process.

                   PART VI. TRANSITIONAL ARRANGEMENTS

                               Article 65

                       Transitional Arrangements

       1. Subject to the provisions of paragraphs  2,  3  and  4,  no
   Member  shall be obliged to apply the provisions of this Agreement
   before the expiry of a general period of one  year  following  the
   date of entry into force of the WTO Agreement.
       2. A developing country Member is  entitled  to  delay  for  a
   further  period of four years the date of application,  as defined
   in paragraph 1,  of the provisions of this  Agreement  other  than
   Articles 3, 4 and 5.
       3. Any other Member which is in the process of  transformation
   from  a  centrally-planned into a market,  free-enterprise economy
   and which is undertaking structural  reform  of  its  intellectual
   property system and facing special problems in the preparation and
   implementation of intellectual property laws and regulations,  may
   also benefit from a period of delay as foreseen in paragraph 2.
       4. To the extent that a developing country Member  is  obliged
   by  this Agreement to extend product patent protection to areas of
   technology not so protectable in its territory on the general date
   of  application  of this Agreement for that Member,  as defined in
   paragraph 2,  it may delay the application of  the  provisions  on
   product  patents  of  Section  5  of  Part  II  to  such  areas of
   technology for an additional period of five years.
       5. A  Member  availing  itself  of a transitional period under
   paragraphs 1, 2, 3 or 4 shall ensure that any changes in its laws,
   regulations  and practice made during that period do not result in
   a  lesser  degree  of  consistency  with  the  provisions  of this
   Agreement.

                               Article 66

                    Least-Developed Country Members

       1. In  view  of  the  special  needs   and   requirements   of
   least-developed  country  Members,  their economic,  financial and
   administrative constraints,  and their  need  for  flexibility  to
   create  a  viable  technological  base,  such Members shall not be
   require  apply  the  provisions  of  this  Agreement,  other  than
   Articles  3,  4  and 5,  for a period of 10 years from the date of
   application as defined  under  paragraph  1  of  Article  65.  The
   Council  for  TRIPS  shall,  upon  duly  motivated  request  by  a
   least-developed country Member, accord extensions of this period.
       2. Developed  country  Members  shall  provide  incentives  to
   enterprises and institutions in their territories for the  purpose
   of    promoting    and    encouraging   technology   transfer   to
   least-developed country Members in order to enable them to  create
   a sound viable technological base.

                               Article 67

                         Technical Cooperation

       In order  to  facilitate the implementation of this Agreement,
   developed  country  Members  shall  provide,  on  request  and  on
   mutually  agreed  terms  and  conditions,  technical and financial
   cooperation in favour of developing  and  least-developed  country
   Members.   Such   cooperation  shall  include  assistance  in  the
   preparation  of  laws  and  regulations  on  the  protection   and
   enforcement  of  intellectual  property  rights  as well as on the
   prevention of their abuse, and shall include support regarding the
   establishment  or  reinforcement  of domestic offices and agencies
   relevant to these matters, including the training of personnel.

         PART VII. INSTITUTIONAL ARRANGEMENTS: FINAL PROVISIONS

                               Article 68

                   Council for Trade-Related Aspects
                    of Intellectual Property Rights

       The Council  for  TRIPS  shall  monitor  the operation of this
   Agreement and,  in  particular,  Members'  compliance  with  their
   obligations hereunder, and shall afford Members the opportunity of
   consulting on matters relating to  the  trade-related  aspects  of
   intellectual  property  rights.  It  shall  carry  out  such other
   responsibilities as assigned to it by the Members,  and it  shall,
   in  particular,  provide  any  assistance requested by them in the
   context of dispute settlement  procedures.  In  carrying  out  its
   functions,  the  Council  for  TRIPS  may  consult  with  and seek
   information from any source it deems appropriate.  In consultation
   with WIPO, the Council shall seek to establish, within one year of
   its first meeting,  appropriate arrangements for cooperation  with
   bodies of that Organization.

                               Article 69

                       International Cooperation

       Members agree  to  cooperate  with  each  other with a view to
   eliminating international trade in goods  infringing  intellectual
   property rights. For this purpose, they shall establish and notify
   contact points in their administrations and be ready  to  exchange
   information   on   trade  in  infringing  goods.  They  shall,  in
   particular,  promote the exchange of information  and  cooperation
   between  customs  authorities  with regard to trade in counterfeit
   trademark goods and pirated copyright goods.

                               Article 70

                 Protection of Existing Subject Matter

       1. This Agreement does not give rise to obligations in respect
   of  acts  which  occurred  before  the  date of application of the
   Agreement for the Member in question.
       2. Except  as  otherwise provided for in this Agreement,  this
   Agreement gives rise to obligations  in  respect  of  all  subject
   matter  existing  at the date of application of this Agreement for
   the  Member in question,  and which is protected in that Member on
   the said date,  or which meets  or  comes subsequently to meet the
   criteria for protection under the  terms  of  this  Agreement.  In
   respect  of  this  paragraph  and  paragraphs  3 and 4,  copyright
   obligations  with  respect  to  existing  works  shall  be  solely
   determined  under  Article 18 of the Berne Convention (1971),  and
   obligations with respect to the rights of producers of  phonograms
   and  performers  in existing phonograms shall be determined solely
   under Article 18 of the Berne Convention (1971) as made applicable
   under paragraph 6 of Article 14 of this Agreement.
       3. There shall be  no  obligation  to  restore  protection  to
   subject  matter which on the date of application of this Agreement
   for the Member in question has fallen into the public domain.
       4. In  respect  of  any  acts  in  respect of specific objects
   embodying protected subject matter which become  infringing  under
   the  terms  of legislation in conformity with this Agreement,  and
   which were  commenced,  or  in  respect  of  which  a  significant
   investment  was  made,  before  the  date of acceptance of the WTO
   Agreement by that Member,  any Member may provide for a limitation
   of  the remedies available to the right holder as to the continued
   performance of such acts after the date  of  application  of  this
   Agreement  for  that  Member.  In  such  cases  the  Member shall,
   however,  at  least  provide  for   the   payment   of   equitable
   remuneration.
       5. A  Member  is  not  obliged  to  apply  the  provisions  of
   Article 11  and  of  paragraph  4 of  Article  14  with respect to
   originals  or copies purchased prior to the date of application of
   this Agreement for that Member.
       6. Members shall not be required to apply Article 31,  or  the
   requirement  in paragraph 1 of Article 27 that patent rights shall
   be enjoyable without discrimination as to the field of technology,
   to  use  without  the  authorization  of  the  right  holder where
   authorization for such use was granted by  the  government  before
   the date this Agreement became known.
       7. In the case  of  intellectual  property  rights  for  which
   protection  is  conditional  upon  registration,  applications for
   protection which are pending on the date of  application  of  this
   Agreement  for  the  Member  in  question shall be permitted to be
   amended to  claim  any  enhanced  protection  provided  under  the
   provisions  of  this Agreement.  Such amendments shall not include
   new matter.
       8. Where  a  Member  does not make available as of the date of
   entry into force  of  the  WTO  Agreement  patent  protection  for
   pharmaceutical  and  agricultural  chemical  products commensurate
   with its obligations under Article 27, that Member shall:
       (a) notwithstanding the provisions of Part VI, provide as from
   the date of entry into force of the WTO Agreement a means by which
   applications for patents for such inventions can be filed;
       (b) apply to these applications, as of the date of application
   of this Agreement,  the criteria for patentability as laid down in
   this Agreement as if those criteria were being applied on the date
   of  filing  in  that  Member  or,  where priority is available and
   claimed, the priority date of the application; and
       (c) provide   patent   protection   in  accordance  with  this
   Agreement as from the grant of the patent and for the remainder of
   the  patent term,  counted from the filing date in accordance with
   Article 33 of this Agreement, for those of these applications that
   meet the criteria for protection referred to in subparagraph (b).
       9. Where a product is the subject of a patent application in a
   Member  in  accordance  with  paragraph 8(a),  exclusive marketing
   rights  shall  be  granted,   notwithstanding  the  provisions  of
   Part VI,  for  a period  of  five  years after obtaining marketing
   approval  in  that  Member or until a product patent is granted or
   rejected  in  that Member,  whichever period is shorter,  provided
   that,  subsequent to the entry into force of the WTO Agreement,  a
   patent  application  has  been filed and a patent granted for that
   product  in another Member and marketing approval obtained in such
   other Member.

                               Article 71

                          Review and Amendment

       1. The  Council  for  TRIPS shall review the implementation of
   this Agreement after the expiration  of  the  transitional  period
   referred  to  in  paragraph  2  of Article 65.  The Council shall,
   having regard to  the  experience  gained  in  its  implementation
   review  it  two years after that date,  and at identical intervals
   thereafter. The Council may also undertake reviews in the light of
   any  relevant new developments which might warrant modification or
   amendment of this Agreement.
       2. Amendments  merely  serving  the  purpose  of  adjusting to
   higher  levels  of  protection  of  intellectual  property  rights
   achieved,  and  in  force,  in  other  multilateral agreements and
   accepted under those agreements by all Members of the WTO  may  be
   referred  to  the  Ministerial Conference for action in accordance
   with paragraph 6 of Article X of the WTO Agreement on the basis of
   a consensus proposal from the Council for TRIPS.

                               Article 72

                              Reservations

       Reservations may  not  be  entered  in  respect  of any of the
   provisions of this Agreement without  the  consent  of  the  other
   Members.

                               Article 73

                          Security Exceptions

       Nothing in this Agreement shall be construed:
       (a) to  require  a  Member  to  furnish  any  information  the
   disclosure  of  which  it  considers  contrary  to  its  essential
   security interests; or
       (b) to  prevent  a  Member  from  taking  any  action which it
   considers necessary for the protection of its  essential  security
   interests;
           (i) relating to fissionable  materials  or  the  materials
       from which they are derived;
           (ii) relating to  the  traffic  in  arms,  ammunition  and
       implements  of  war  and  to  such  traffic in other goods and
       materials as is carried on  directly  or  indirectly  for  the
       purpose of supplying a military establishment;
           (iii) taken  in  time  of  war  or  other   emergency   in
       international relations; or
       (c) to prevent a Member from taking any action in pursuance of
   its   obligations   under  the  United  Nations  Charter  for  the
   maintenance of international peace and security.



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