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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
Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade;
Recognizing, to this end, the need for new rules and disciplines concerning:
(a) the
applicability of the basic principles of GATT 1994 and of
relevant international intellectual property agreements
or conventions;
(b) the
provision of adequate standards and principles concerning
the availability, scope and use of trade-related
intellectual property rights;
(c) the
provision of effective and appropriate means for the
enforcement of trade-related intellectual property
rights, taking into account differences in national legal
systems;
(d)
the provision of effective and expeditious procedures for
the multilateral prevention and settlement of disputes
between governments; and
(e) transitional arrangements aiming at the fullest participation in the results of the negotiations;
Recognizing the need for a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods;
Recognizing that intellectual property rights are private rights;
Recognizing the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives;
Recognizing also the special needs of the least-developed country Members in respect of maximum flexibility in the domestic implementation of laws and regulations in order to enable them to create a sound and viable technological base;
Emphasizing the importance of reducing tensions by reaching strengthened commitments to resolve disputes on trade-related intellectual property issues through multilateral procedures;
Desiring to establish a mutually supportive relationship between the WTO and the World Intellectual Property Organization (referred to in this Agreement as WIPO) as well as other relevant international organizations;
Hereby agree as follows:
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