与贸易有关的知识产权协定(中英文)

 

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 required to 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 and 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.