Treaty on Intellectual Property in Respect of Integrated Circuits 1

the consultations referred to in paragraph (1), or if

the means referred to in paragraph (2) are not resorted

to, or do not lead to an amicable settlement within a

reasonable period of time, the Assembly, at the written

request of either of the parties to the dispute, shall

convene a panel of three members to examine the matter.

The members of the panel shall not, unless the parties

to the dispute agree otherwise, be from either party to

the dispute. They shall be selected from a list of

designated governmental experts established by the

Assembly. The terms of reference for the panel shall be

agreed upon by the parties to the dispute. If such

agreement is not achieved within three months, the

Assembly shall set the terms of reference for the panel

after having consulted the parties to the dispute and

the members of the panel. The panel shall give full

opportunity to the parties to the dispute and any other

interested Contracting Parties to present to it their

views. If both parties to the dispute so request, the

panel shall stop its proceedings.

(b) The Assembly shall adopt rules for the establishment

of the said list of experts, and the manner of selecting

the members of the panel, who shall be governmental

experts of the Contracting Parties, and for the conduct

of the panel proceedings, including provisions to

safeguard the confidentiality of the proceedings and of

any material designated as confidential by any

participant in the proceedings.

(c) Unless the parties to the dispute reach an agreement

between themselves prior to the panel’s concluding its

proceedings, the panel shall promptly prepare a written

report and provide it to the parties to the dispute for

their review. The parties to the dispute shall have a

reasonable period of time, whose length will be fixed by

the panel, to submit any comments on the report to the

panel, unless they agree to a longer time in their

attempts to reach a mutually satisfactory resolution to

their dispute. The panel shall take into account the

comments and shall promptly transmit its report to the

Assembly. The report shall contain the facts and

recommendations for the resolution of the dispute, and

shall be accompanied by the written comments, if any, of

the parties to the dispute.

(4) [Recommendation by the Assembly] The Assembly shall

give the report of the panel prompt consideration. The

Assembly shall, by consensus, make recommendations to

the parties to the dispute, based upon its

interpretation of this Treaty and the report of the

panel.

 

Article 15
Becoming Party to the Treaty

 

(1) [Eligibility]

(a) Any State member of the World Intellectual Property

Organization or of the United Nations may become party

to this Treaty.

(b) Any Intergovernmental Organization which meets the

requirements of Article 2(x) may become party to this

Treaty. The Organization shall inform the Director

General of its competence, and any subsequent changes in

its competence, with respect to the matters governed by

this Treaty. The Organization and its member States may,

without, however, any derogation from the obligations

under this Treaty, decide on their respective

responsibilities for the performance of their

obligations under this Treaty.

(2) [Adherence] A State or Intergovernmental

Organization shall become party to this Treaty by:

(i) signature followed by the deposit of an instrument

of ratification, acceptance or approval, or

(ii) the deposit of an instrument of accession.

(3) [Deposit of Instruments] The instruments referred to

in paragraph (2) shall be deposited with the Director

General.

 

Article 16
Entry Into Force of the Treaty

 

(1) [Initial Entry Into Force] This Treaty shall enter

into force, with respect to each of the first five

States or Intergovernmental Organizations which have

deposited their instruments of ratification, acceptance,

approval or accession, three months after the date on

which the fifth instrument of ratification, acceptance,

approval or accession has been deposited.

(2) [States and Intergovernmental Organizations Not

Covered by the Initial Entry Into Force] This Treaty

shall enter into force with respect to any State or

Intergovernmental Organization not covered by paragraph

(1) three months after the date on which that State or

Intergovernmental Organization has deposited its