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General Agreement on Tariffs and Trade - Multilateral Trade Negotiations (The Uruguay Round): Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods

Published online by Cambridge University Press:  27 February 2017

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Type
Treaties and Agreements
Information
International Legal Materials , Volume 33 , Issue 1 , January 1994 , pp. 81 - 111
Copyright
Copyright © American Society of International Law 1994

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References

* Reproduced from Multilateral Trade Negotiations (The Uruguay Round) Document MTN/FA, Part II, Annex 1C, of December 15, 1993. MTN/FA/Corr. 1 of December 15, 1993, states: “Pursuant to agreement reached on December 15 1993 among the participants in the Uruguay Round negotiations, all references to the 'Multilateral Trade Organizations', or to its abbreviated form 'MTO', should be replaced throughout the Final Act and all its Annexes by the Wording 'World Trade Organization' or 'WTO', respectively.” The Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods is annexed to the Agreement Establishing the World Trade Organization which is itself annexed to the Final Act of the Multilateral Trade Negotiations (The Uruguay Round).]

[The Final Act of the Multilateral Trade Negotiations (The Uruguay Round), together with Introductory Note, appears at 33 I.L.M. 1 (1994). Other documents annexed to the Final Act which are reproduced in this issue of International Legal Materials are: the Agreement Establishing the Multilateral Trade Organization [World Trade Organization] which appears at 33 I.L.M. 13 (1994; the General Agreement on Tariffs and Trade 1994 and the Uruguay Round Protocol GATT 1994, included under the Agreements on Trade in Goods, which appear at 33 I.L.M. 28 (1994); the Agreement on Trade in Services which appears at 33 I.L.M. 44 (1994); the Understanding on Rules and Procedures Governing the Settlement of Disputes which appears at 33 I.L.M. 112 (1994); and various Ministerial Decisions and Declarations which appear at 33 I.L.M. 136 (1994). Items not reproduced in this issue are so indicated, see 33 I.L.M. 10, 11, 26 and 27 (1994).]

1 When “nationals” are referred to in this Agreement, they shall be deemed, in the case of a separate customs territory Member of the MTO, 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 Organisations, 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.

3 For the purposes of Articles 3 and 4 of this Agreement, 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.

4 Not withstanding the first sentence of Article 42, Members may, with respect to these obligations, instead provide for enforcement by administrative action.

5 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.

6 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 above.

7 “Other use” refers to use other than that allowed under Article 30.

8 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

9 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.

10 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.

11 For the purpose of this Part, the term “right holder” includes federations and associations having legal standing to assert such rights.