And trade (Including the trade in counterfeit goods) Relevant intellectual property agreements

2009-08-20 15: 33: 50

(1994 years 4 month 15 Signed from 1995 years 1 month 1 Effective from today)

Each member,

The desire to reduce distortions and barriers in international trade, Taking into account the need to promote effective and adequate protection of intellectual property rights, And there is a need to ensure that intellectual property enforcement measures and procedures do not themselves become obstacles to legitimate trade;

admit, To this end, New rules and disciplines concerning the following are required:

(a) 1994 The extent to which the basic principles of the General Agreement on Tariffs and Trade and the basic principles of international agreements or conventions relating to intellectual property are applicable;

(b) Provisions for trade-related intellectual property rights, Appropriate standards and principles for scope and use;

(c) Provide for effective and appropriate methods, To enforce trade-related intellectual property rights, Countries, however, should be taken into account

(d) Provide for effective and expeditious procedures, To prevent and settle inter-governmental disputes in a multilateral manner; and

(e) Provide for transitional arrangements, The aim is to make the outcome of the negotiations as acceptable as possible to members;

admit, To deal with the international trade in counterfeit goods, You need to establish a principle of inclusion, Multilateral framework of rules and discipline;

Recognize intellectual property rights as private rights;

Recognize the public policy objectives underlying national systems for protecting intellectual property rights, Include goals for development and technology;

Recognize the technological basis of LDCS 'dynamism;

Emphasize strong commitments, Resolve trade-related intellectual property disputes through multilateral procedures, In order to reduce tensions;

It is desirable to establish mutually supportive relations between the World Trade Organization and the World Intellectual Property Organization and other relevant international organizations;

It is hereby agreed as follows:

Part I General provisions and basic principles

The first 1 The nature and scope of the obligation

1 obligation, Provide in its laws more extensive protection than is required by this Agreement, Provided that such protection does not contravene the provisions of this Agreement. Each Member is free to determine in its legal system and practice the appropriate means of implementing the provisions of this Agreement.

2 The first 1 Section to regulation 7 Section, all categories of intellectual property.

3 In accordance with the Paris Convention (1967 years) , 1996 Published in English in 2000 (No 223 (E) ) translate, In addition to the original law of agreement and WIPO extra-note, ［WIPO note］This agreement is "Establishment of the World Trade Organization Marakash Agreement" (Hereinafter referred to as "World Trade Organization agreement" ) Attachment of IC, Sign on 1994 years 4 month 15 day, Since the 1995 years 1 month 1 Effective from today. This agreement is an integral part of the agreement of the World Trade Organization, It is binding on all members of the World Trade Organization (See World Trade Organization Agreement NoⅡ 2 article) .

WIPO note］There is an explanatory statement at the end of the WTO agreement: "Members of the WTO are separate customs territories, Terms in this Agreement and multilateral trade agreements are preceded by modifiers 'national' (national, national) when, Unless otherwise specified, Such language shall be understood as relating to the separate customs territory. " This paragraph applies to the TRIPS agreement, Because it's a multilateral trade agreement.

WIPO note］There is an explanatory statement at the end of the WTO agreement: "Used in this Agreement and multilateral trade agreements 'country' or

'countries' (A country or a number of countries) The term shall be understood to include the separate customs territories of the World Trade Organization. "

A natural person or legal person with a real and effective industrial and commercial office. The Berne Convention (1971 years) , Rome Convention and knowledge of integrated circuits

Natural and legal persons eligible for protection under the property rights treaty, All members of the World Trade Organization are members of the Convention

For more details, please click herehttps: //www. worldip. cn/uploadfile/2015/0122/20150122072044248. pdf