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. Members shall accord the treatment provided for in this Agreement to the nationals of other Members. Article 2 Intellectual Property Conventions 1.
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Copyright Back to top During the Uruguay Round negotiations, it was recognized that the Berne Convention already, for the most part, provided adequate basic standards of copyright protection. Thus it was agreed that the point of departure should be the existing level of protection under the latest Act, the Paris Act of , of that Convention. The point of departure is expressed in Article 9. Articles 1 through 21 of the Berne Convention and the Appendix thereto.
The provisions of the Berne Convention referred to deal with questions such as subject-matter to be protected, minimum term of protection, and rights to be conferred and permissible limitations to those rights.
The Appendix allows developing countries, under certain conditions, to make some limitations to the right of translation and the right of reproduction. Article 9. Article This provision confirms that computer programs must be protected under copyright and that those provisions of the Berne Convention that apply to literary works shall be applied also to them. It confirms further, that the form in which a program is, whether in source or object code, does not affect the protection.
The obligation to protect computer programs as literary works means e. It also confirms that the general term of protection of 50 years applies to computer programs. Possible shorter terms applicable to photographic works and works of applied art may not be applied.
Databases are eligible for copyright protection provided that they by reason of the selection or arrangement of their contents constitute intellectual creations. The provision also confirms that databases have to be protected regardless of which form they are in, whether machine readable or other form.
Furthermore, the provision clarifies that such protection shall not extend to the data or material itself, and that it shall be without prejudice to any copyright subsisting in the data or material itself. Article 11 provides that authors shall have in respect of at least computer programs and, in certain circumstances, of cinematographic works the right to authorize or to prohibit the commercial rental to the public of originals or copies of their copyright works.
With respect to cinematographic works, the exclusive rental right is subject to the so-called impairment test: a Member is excepted from the obligation 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, the obligation does not apply to rentals where the program itself is not the essential object of the rental. According to the general rule contained in Article 7 1 of the Berne Convention as incorporated into the TRIPS Agreement, the term of protection shall be the life of the author and 50 years after his death.
Paragraphs 2 through 4 of that Article specifically allow shorter terms in certain cases. Article 13 requires Members to 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.
This is a horizontal provision that applies to all limitations and exceptions permitted under the provisions of the Berne Convention and the Appendix thereto as incorporated into the TRIPS Agreement.
The application of these limitations is permitted also under the TRIPS Agreement, but the provision makes it clear that they must be applied in a manner that does not prejudice the legitimate interests of the right holder. Related rights Back to top The provisions on protection of performers, producers of phonograms and broadcasting organizations are included in Article According to Article The fixation right covers only aural, not audiovisual fixations.
Performers must also be in position to prevent the reproduction of such fixations. They shall also have the possibility of preventing the unauthorized broadcasting by wireless means and the communication to the public of their live performance. In accordance with Article In addition to this, they have to grant, in accordance with Article The provisions on rental rights apply also to any other right holders in phonograms as determined in national law.
This right has the same scope as the rental right in respect of computer programs. Therefore it is not subject to the impairment test as in respect of cinematographic works. However, it is limited by a so-called grand-fathering clause, according to which a Member, which on 15 April , i. Broadcasting organizations shall have, in accordance with Article However, it is not necessary to grant such rights to broadcasting organizations, if owners of copyright in the subject-matter of broadcasts are provided with the possibility of preventing these acts, subject to the provisions of the Berne Convention.
The term of protection is at least 50 years for performers and producers of phonograms, and 20 years for broadcasting organizations Article Trademarks Back to top The basic rule contained in Article 15 is that any sign, or any combination of signs, capable of distinguishing the goods and services of one undertaking from those of other undertakings, must be eligible for registration as a trademark, provided that it is visually perceptible.
Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, must be eligible for registration as trademarks.
Where signs are not inherently capable of distinguishing the relevant goods or services, Member countries are allowed to require, as an additional condition for eligibility for registration as a trademark, that distinctiveness has been acquired through use.
Members are free to determine whether to allow the registration of signs that are not visually perceptible e. Members may make registrability depend on use. However, actual use of a trademark shall not be permitted as a condition for filing an application for registration, and at least three years must have passed after that filing date before failure to realize an intent to use is allowed as the ground for refusing the application Article The Agreement requires service marks to be protected in the same way as marks distinguishing goods see e.
Articles In case of the use of an identical sign for identical goods or services, a likelihood of confusion must be presumed Article The TRIPS Agreement contains certain provisions on well-known marks, which supplement the protection required by Article 6bis of the Paris Convention, as incorporated by reference into the TRIPS Agreement, which obliges Members to refuse or to cancel the registration, and to prohibit the use of a mark conflicting with a mark which is well known.
First, the provisions of that Article must be applied also to services. Second, it is required that knowledge in the relevant sector of the public acquired not only as a result of the use of the mark but also by other means, including as a result of its promotion, be taken into account.
Furthermore, the protection of registered well-known marks must extend to goods or services which are not similar to those in respect of which the trademark has been registered, provided that its use would indicate a connection between those goods or services and the owner of the registered trademark, and the interests of the owner are likely to be damaged by such use Articles 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 Initial registration, and each renewal of registration, of a trademark shall be for a term of no less than seven years.
Cancellation of a mark on the grounds of non-use cannot take place before three years of uninterrupted non-use has elapsed 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, such as import restrictions or other government restrictions, shall be recognized as valid reasons of non-use.
Geographical indications Back to top Geographical indications are defined, for the purposes of the Agreement, as 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 Article Thus, this definition specifies that the quality, reputation or other characteristics of a good can each be a sufficient basis for eligibility as a geographical indication, where they are essentially attributable to the geographical origin of the good.
The registration of a trademark which uses a geographical indication in a way that misleads the public as to the true place of origin must be refused or invalidated ex officio if the legislation so permits or at the request of an interested party Article Article 23 provides that interested parties must have the legal means to prevent the use of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication.
Similar protection must be given to geographical indications identifying spirits when used on spirits. Protection against registration of a trademark must be provided accordingly. Article 24 contains a number of exceptions to the protection of geographical indications. These exceptions are of particular relevance in respect of the additional protection for geographical indications for wines and spirits. For example, Members are not obliged to bring a geographical indication under protection, where it has become a generic term for describing the product in question paragraph 6.
Measures to implement these provisions shall not prejudice prior trademark rights that have been acquired in good faith paragraph 5. Under certain circumstances, continued use of a geographical indication for wines or spirits may be allowed on a scale and nature as before paragraph 4.
The exceptions cannot be used to diminish the protection of geographical indications that existed prior to the entry into force of the TRIPS Agreement paragraph 3. The TRIPS Council shall keep under review the application of the provisions on the protection of geographical indications paragraph 2.
Industrial designs Back to top Article 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. Members are free to meet this obligation through industrial design law or through copyright law. The duration of protection available shall amount to at least 10 years Article Patents Back to top The TRIPS Agreement requires Member countries to make patents available for any inventions, whether products or processes, in all fields of technology without discrimination, subject to the normal tests of novelty, inventiveness and industrial applicability.
It is also required that patents be available and patent rights enjoyable without discrimination as to the place of invention and whether products are imported or locally produced Article There are three permissible exceptions to the basic rule on patentability. One is for inventions contrary to ordre public or morality; this explicitly includes inventions dangerous to human, animal or plant life or health or seriously prejudicial to the environment.
The use of this exception is subject to the condition that the commercial exploitation of the invention must also be prevented and this prevention must be necessary for the protection of ordre public or morality Article The second exception is that Members may exclude from patentability diagnostic, therapeutic and surgical methods for the treatment of humans or animals Article The third is that Members may exclude 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, any country excluding plant varieties from patent protection must provide an effective sui generis system of protection. The exclusive rights that must be conferred by a product patent are the ones of making, using, offering for sale, selling, and importing for these purposes.
Process patent protection must give rights not only over use of the process but also over products obtained directly by the process. 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 The term of protection available shall not end before the expiration of a period of 20 years counted from the filing date Article 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 Article 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, where certain conditions indicating a likelihood that the protected process was used are met Article Compulsory licensing and government use without the authorization of the right holder are allowed, but are made subject to conditions aimed at protecting the legitimate interests of the right holder.
The conditions are mainly contained in Article These include the obligation, as a general rule, to grant such licences only if an unsuccessful attempt has been made to acquire a voluntary licence on reasonable terms and conditions within a reasonable period of time; the requirement to pay adequate remuneration in the circumstances of each case, taking into account the economic value of the licence; and a requirement that decisions be subject to judicial or other independent review by a distinct higher authority.
Certain of these conditions are relaxed where compulsory licences are employed to remedy practices that have been established as anticompetitive by a legal process. The exclusive rights include the right of reproduction and the right of importation, sale and other distribution for commercial purposes.
Certain limitations to these rights are provided for. These points relate to the term of protection ten years instead of eight, Article 38 , the applicability of the protection to articles containing infringing integrated circuits last sub clause of Article 36 and the treatment of innocent infringers Article The conditions in Article 31 of the TRIPS Agreement apply mutatis mutandis to compulsory or non-voluntary licensing of a layout-design or to its use by or for the government without the authorization of the right holder, instead of the provisions of the IPIC Treaty on compulsory licensing Article Protection of undisclosed information Back to top The TRIPS Agreement requires undisclosed information -- trade secrets or know-how -- to benefit from protection.
The Agreement does not require undisclosed information to be treated as a form of property, but it does require that a person lawfully in control of such information must have the possibility of preventing it from being disclosed to, acquired by, or used by others without his or her consent in a manner contrary to honest commercial practices. The Agreement also contains provisions on undisclosed test data and other data whose submission is required by governments as a condition of approving the marketing of pharmaceutical or agricultural chemical products which use new chemical entities.
In such a situation the Member government concerned must protect the data against unfair commercial use.
WORLD TRADE ORGANIZATION
Dasar Term of integrated circuit rights are usually shorter than copyrights applicable on pictures. Artificial Intelligence Universities Gender Equality. Paragraphs 2 through 4 of that Article specifically allow shorter terms in certain cases. Certain other limited exceptions to the MFN obligation are also provided for. The Contracting Parties must, as a minimum, consider the following acts to be unlawful if performed without the authorization of the holder of the right: However, it is not necessary to grant such rights to broadcasting organizations, if owners of copyright in the subject-matter of broadcasts are provided with the possibility of preventing these acts, subject to the provisions of the Berne Convention.
Copyright Back to top During the Uruguay Round negotiations, it was recognized that the Berne Convention already, for the most part, provided adequate basic standards of copyright protection. Thus it was agreed that the point of departure should be the existing level of protection under the latest Act, the Paris Act of , of that Convention. The point of departure is expressed in Article 9. Articles 1 through 21 of the Berne Convention and the Appendix thereto. The provisions of the Berne Convention referred to deal with questions such as subject-matter to be protected, minimum term of protection, and rights to be conferred and permissible limitations to those rights. The Appendix allows developing countries, under certain conditions, to make some limitations to the right of translation and the right of reproduction. Article 9.
Washington Treaty on Intellectual Property in Respect of Integrated Circuits
International law[ edit ] A diplomatic conference was held at Washington, D. The Treaty has been incorporated by reference into the TRIPS Agreement of the World Trade Organization WTO , subject to the following modifications: the term of protection is at least 10 rather than eight years from the date of filing an application or of the first commercial exploitation in the world, but Members may provide a term of protection of 15 years from the creation of the layout-design; the exclusive right of the right-holder extends also to articles incorporating integrated circuits in which a protected layout-design is incorporated, in so far as it continues to contain an unlawfully reproduced layout-design; the circumstances in which layout-designs may be used without the consent of right-holders are more restricted; certain acts engaged in unknowingly will not constitute infringement. Article 35 of TRIPS in Relation to the IPIC Treaty states: 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. Under the IPIC Treaty, each Contracting Party is obliged to secure, throughout its territory, exclusive rights in layout-designs topographies of integrated circuits, whether or not the integrated circuit concerned is incorporated in an article.