与贸易有关的知识产权协定(中英文)

(b)        where the subject matter of a patent is a process, to prevent third parties not having the owner’s consent from the act of using the process, and from the acts of:  using, offering for sale, selling, or importing for these purposes at least the product obtained directly by that process.

2.         Patent owners shall also have the right to assign, or transfer by succession, the patent and to conclude licensing contracts.

Article  29

Conditions on Patent Applicants

1.         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.

2.         Members may require an applicant for a patent to provide information concerning the applicant’s corresponding foreign applications and grants.

Article 30

Exceptions to Rights Conferred

            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 31

Other Use Without Authorization of the Right Holder

(a)        authorization of such use shall be considered on its individual merits;

(b)        such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time.  This requirement may be waived by a Member in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use.  In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable.  In the case of public non-commercial use, where the government or contractor, without making a patent search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the government, the right holder shall be informed promptly;

(c)        the scope and duration of such use shall be limited to the purpose for which it was authorized, and in the case of semi-conductor technology shall only be for public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive;

(d)        such use shall be non-exclusive;

(e)        such use shall be non-assignable, except with that part of the enterprise or goodwill which enjoys such use;

(f)        any such use shall be authorized predominantly for the supply of the domestic market of the Member authorizing such use;

(g)        authorization for such use shall be liable, subject to adequate protection of the legitimate interests of the persons so authorized, to be terminated if and when the circumstances which led to it cease to exist and are unlikely to recur.  The competent authority shall have the authority to review, upon motivated request, the continued existence of these circumstances;

(h)        the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization;