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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 63
Transparency
1. Laws
and regulations, and final judicial decisions and
administrative rulings of general application, made
effective by a Member pertaining to the subject matter of
this Agreement (the availability, scope, acquisition,
enforcement and prevention of the abuse of intellectual
property rights) shall be published, or where such
publication is not practicable made publicly available,
in a national language, in such a manner as to enable
governments and right holders to become acquainted with
them. Agreements concerning the subject matter of this
Agreement which are in force between the government or a
governmental agency of a Member and the government or a
governmental agency of another Member shall also be
published.
2. Members
shall notify the laws and regulations referred to in
paragraph 1 to the Council for TRIPS in order to
assist that Council in its review of the operation of
this Agreement. The Council shall attempt to minimize the
burden on Members in carrying out this obligation and may
decide to waive the obligation to notify such laws and
regulations directly to the Council if consultations with
WIPO on the establishment of a common register containing
these laws and regulations are successful. The Council
shall also consider in this connection any action
required regarding notifications pursuant to the
obligations under this Agreement stemming from the
provisions of Article 6ter of the Paris
Convention (1967).
3. Each
Member shall be prepared to supply, in response to a
written request from another Member, information of the
sort referred to in paragraph 1. A Member, having reason
to believe that a specific judicial decision or
administrative ruling or bilateral agreement in the area
of intellectual property rights affects its rights under
this Agreement, may also request in writing to be given
access to or be informed in sufficient detail of such
specific judicial decisions or administrative rulings or
bilateral agreements.
4. Nothing
in paragraphs 1, 2 and 3 shall require Members to
disclose confidential information which would impede law
enforcement or otherwise be contrary to the public
interest or would prejudice the legitimate commercial
interests of particular enterprises, public or private.
Article
64
Dispute Settlement
1. The
provisions of Articles XXII and XXIII of GATT 1994 as
elaborated and applied by the Dispute Settlement
Understanding shall apply to consultations and the
settlement of disputes under this Agreement except as
otherwise specifically provided herein.
2. Subparagraphs
1(b) and 1(c) of Article XXIII of GATT 1994 shall not
apply to the settlement of disputes under this Agreement
for a period of five years from the date of entry into
force of the WTO Agreement.
3. During
the time period referred to in paragraph 2, the Council
for TRIPS shall examine the scope and modalities for
complaints of the type provided for under subparagraphs
1(b) and 1(c) of Article XXIII of GATT 1994 made
pursuant to this Agreement, and submit its
recommendations to the Ministerial Conference for
approval. Any decision of the Ministerial Conference to
approve such recommendations or to extend the period in
paragraph 2 shall be made only by consensus, and
approved recommendations shall be effective for all
Members without further formal acceptance process.
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