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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
65
Transitional Arrangements
1. Subject
to the provisions of paragraphs 2, 3 and 4, no Member
shall be obliged to apply the provisions of this
Agreement before the expiry of a general period of one
year following the date of entry into force of the WTO
Agreement.
2. A
developing country Member is entitled to delay for a
further period of four years the date of application, as
defined in paragraph 1, of the provisions of this
Agreement other than Articles 3, 4 and 5.
3. Any
other Member which is in the process of transformation
from a centrally-planned into a market, free-enterprise
economy and which is undertaking structural reform of its
intellectual property system and facing special problems
in the preparation and implementation of intellectual
property laws and regulations, may also benefit from a
period of delay as foreseen in paragraph 2.
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.
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