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Contents
PREAMBLE
PART I General
Provisions and Basic Principles
PART II
Standards
Concerning the Availability, Scope and Use of
Intellectual Property Rights
1. Copyright
and Related Rights
2. Trademarks
3. Geographical
Indications
4. Industrial
Designs
5. Patents
6. Layout-Designs
(Topographies) of Integrated Circuits
7. Protection
of Undisclosed Information
8. Control
of Anti-Competitive Practices in Contractual Licences
PART
III Enforcement
of Intellectual Property Rights
1. General
Obligations
2. Civil
and Administrative Procedures and Remedies
3. Provisional
Measures
4. Special
Requirements Related to Border Measures
5. Criminal
Procedures
PART
IV Acquisition
and Maintenance of Intellectual Property Rights and
Related Inter-Partes Procedures
PART
V Dispute
Prevention and Settlement
PART
VI Transitional
Arrangements
PART
VII Institutional
Arrangements; Final Provisions
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Article
62
1. Members
may require, as a condition of the acquisition or
maintenance of the intellectual property rights provided
for under Sections 2 through 6 of Part II,
compliance with reasonable procedures and formalities.
Such procedures and formalities shall be consistent with
the provisions of this Agreement.
2. Where
the acquisition of an intellectual property right is
subject to the right being granted or registered, Members
shall ensure that the procedures for grant or
registration, subject to compliance with the substantive
conditions for acquisition of the right, permit the
granting or registration of the right within a reasonable
period of time so as to avoid unwarranted curtailment of
the period of protection.
3. Article 4
of the Paris Convention (1967) shall apply mutatis
mutandis to service marks.
4. Procedures
concerning the acquisition or maintenance of intellectual
property rights and, where a Member’s law provides for
such procedures, administrative revocation and inter partes
procedures such as opposition, revocation and
cancellation, shall be governed by the general principles
set out in paragraphs 2 and 3 of Article 41.
5. Final
administrative decisions in any of the procedures
referred to under paragraph 4 shall be subject to review
by a judicial or quasi-judicial authority. However, there
shall be no obligation to provide an opportunity for such
review of decisions in cases of unsuccessful opposition
or administrative revocation, provided that the grounds
for such procedures can be the subject of invalidation
procedures.
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