WTO ANALYTICAL INDEX: TRIPS
Agreement on Trade-Related Aspects of Intellectual Property Rights
The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.
Also in this section:
- Preamble
- Article 1
- Article 2 and Incorporated Provisions of the Paris Convention (1967)
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9 and Incorporated Provisions of the Berne Convention (1971)
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Article 30
- Article 31
- Article 32
- Article 33
- Article 34
- Article 35 and Incorporated Provisions of the IPIC Treaty
- Article 36
- Article 37
- Article 38
- Article 39
- Article 40
- Article 41
- Article 42
- Article 43
- Article 44
- Article 45
- Article 46
- Article 47
- Article 48
- Article 49
- Article 50
- Article 51
- Article 52
- Article 53
- Article 54
- Article 55
- Article 56
- Article 57
- Article 58
- Article 59
- Article 60
- Article 61
- Article 62
- Article 63
- Article 64
- Article 65
- Article 66
- Article 67
- Article 68
- Article 69
- Article 70
- Article 71
- Article 72
- Article 73
- Text of the Provisions of the Paris Convention (1967) Incorporated by Article 2.1 of the TRIPS Agreement
- Text of the Provisions of the Berne Convention (1971) Incorporated by Article 9.1 of the TRIPS Agreement
- Text of the Provisions of the IPIC Treaty Incorporated by Article 35 of the TRIPS Agreement
- Text of the Declaration on the TRIPS Agreement and Public Health
Table of contents
A. Text
of the Preamble
B. Interpretation and Application of
the Preamble
A. Text
of Article 1
B. Interpretation and
Application of Article 1
1. Article 1.1
(b) 揗embers shall give effect to the provisions of this Agreement?/a>
(c) 揻ree to determine the appropriate method of implementing?/a>
2. Article 1.2
3. Article 1.3
(a) 揘ationals of other Members?/a>
(b) 揅riteria for eligibility for protection provided for in the Paris Convention (1967)?/a>
(i) 揝eparate customs territory Member of the WTO?/a>
(ii) 揹omiciled? 搑eal and effective industrial and commercial establishment?/a>
III.
Article 2 and Incorporated Provisions of the Paris Convention
(1967) back to top
A. Text
of Article 2
B. Interpretation and
Application of Article 2 and Incorporated Provisions of the Paris
Convention (1967)
1. Article 2.1 of the TRIPS Agreement
2. Article 2(1) of the Paris Convention (1967) as incorporated in the TRIPS Agreement
3. Article 2(2) of the Paris Convention (1967) as incorporated in the TRIPS Agreement
4. Article 3 of the Paris Convention (1967) as incorporated in the TRIPS Agreement
5. Article 6 of the Paris Convention (1967) as incorporated in the TRIPS Agreement
6. Article 6bis of the Paris Convention (1967) as incorporated in the TRIPS Agreement
7. Article 6ter of the Paris Convention (1967) as incorporated in the TRIPS Agreement
8. Article 6quinquies of the Paris Convention (1967) as incorporated in the TRIPS Agreement
9. Article 8 of the Paris Convention (1967) as incorporated in the TRIPS Agreement
10. Article 10(2) of the Paris Convention (1967) as incorporated in the TRIPS Agreement
11. Article 2.2 of the TRIPS Agreement
A. Text
of Article 3
B. Interpretation and
Application of Article 3
1. Article 3.1
(b) 搕he nationals of other Members?/a>
(c) 搕reatment no less favourable?/a>
(e) 搘ith respect to the protection of intellectual property?/a>
(f) Footnote 3
2. Relationship with other Articles
3. Relationship with other WTO Agreements
A. Text
of Article 4
B. Interpretation and
Application of Article 4
1. General
2. Chapeau
(a) 搕he protection of intellectual property?/a>
(b) 揳ny advantage, favour, privilege or immunity granted by a Member?/a>
(c) 搃mmediately and unconditionally?/a>
(d) 搕o the nationals of any other country?/a>
3. Article 4(d)
4. Footnote 3
A. Text
of Article 5
B. Interpretation and
Application of Article 5
1. Notification
A. Text
of Article 6
B. Interpretation and
Application of Article 6
A. Text
of Article 7
B. Interpretation and
Application of Article 7
1. Relationship with other Articles
A. Text
of Article 8
B. Interpretation and
Application of Article 8
1. Article 8.1
2. Relationship with other Articles
X.
Article 9 and Incorporated Provisions of the Berne Convention
(1971) back to top
A. Text
of Article 9
B. Interpretation and
Application of Article 9 and Incorporated Provisions of the Berne
Convention (1971)
1. Relationship with the Berne Convention (1971)
2. Article 5(1) of the Berne Convention (1971) as incorporated in the TRIPS Agreement
3. Article 11 of the Berne Convention (1971) as incorporated in the TRIPS Agreement
(b) Paragraph 1
4. Article 11bis of the Berne Convention (1971) as incorporated in the TRIPS Agreement
(a) Paragraph 1
(b) Paragraph 2
5. Article 17 of the Berne Convention (1971) as incorporated in the TRIPS Agreement
6. Article 20 of the Berne Convention (1971) as incorporated in the TRIPS Agreement
7. Appendix to the Berne Convention (1971) as incorporated in the TRIPS Agreement
A. Text
of Article 10
B. Interpretation and
Application of Article 10
A. Text
of Article 11
B. Interpretation and
Application of Article 11
A. Text
of Article 12
B. Interpretation and
Application of Article 12
A. Text
of Article 13
B. Interpretation and
Application of Article 13
1. General
(a) Scope
(b) Relationship with other Articles
(d) 揹o not conflict with a normal exploitation of the work?/a>
(e) 揹o not unreasonably prejudice the legitimate interests of the right holder?/a>
A. Text
of Article 14
B. Interpretation and
Application of Article 14
A. Text
of Article 15
B. Interpretation and
Application of Article 15
1. Article 15.1
2. Article 15.2
A. Text
of Article 16
B. Interpretation and
Application of Article 16
1. General
2. Article 16.1
(a) 揟he owner?/a>
(c) 揳 likelihood of confusion shall be presumed?/a>
(d) 搈aking rights available on the basis of use?/a>
A. Text
of Article 17
B. Interpretation and
Application of Article 17
1. General
(b) 搒uch as fair use of descriptive terms?/a>
(d) 搕ake account of the legitimate interests of the owner of the trademark?/a>
(e) 搇egitimate interests of ?third parties?/a>
(f) Burden of Proof
(g) Relationship with other Articles
A. Text
of Article 18
B. Interpretation and
Application of Article 18
A. Text
of Article 19
B. Interpretation and
Application of Article 19
A. Text
of Article 20
B. Interpretation and
Application of Article 20
A. Text
of Article 21
B. Interpretation and
Application of Article 21
A. Text
of Article 22
B. Interpretation and
Application of Article 22
1. General
2. Article 22.1
(b) 揼eographical indications?/a>
3. Article 22.2
(a) 揗embers?/a>
(c) No right of objection in Article 22.2
4. Article 22.3
5. Relationship with other Articles
(a) Relationship with Article 16.1
(b) Relationship with Article 24.5
A. Text
of Article 23
B. Interpretation and
Application of Article 23
1. General
2. Article 23.1
3. Article 23.2
4. Article 23.4
5. Relationship with other Articles
A. Text
of Article 24
B. Interpretation and
Application of Article 24
1. Article 24.2
2. Article 24.3
(a) 揑n implementing this Section?/a>
(b) 搕he protection of geographical indications that existed in that Member?/a>
(c) 搕he date of entry into force of the WTO Agreement?/a>
3. Article 24.5
(b) 搕his Section?/a>
A. Text
of Article 25
B. Interpretation and
Application of Article 25
A. Text
of Article 26
B. Interpretation and
Application of Article 26
1. Article 26.2
XXVIII.
Article 27 back to top
A. Text
of Article 27
B. Interpretation and
Application of Article 27
1. Article 27.1
(a) 揥ithout discrimination?/a>
(b) 搕he field of technology?/a>
2. Article 27.3
3. Relationship with other Articles
A. Text
of Article 28
B. Interpretation and
Application of Article 28
A. Text
of Article 29
B. Interpretation and
Application of Article 29
A. Text
of Article 30
B. Interpretation and
Application of Article 30
1. General
3. 揹o not unreasonably conflict with a normal exploitation of the patent?/a>
5. Relationship with other Articles
A. Text
of Article 31
B. Interpretation and
Application of Article 31
XXXIII.
Article 32 back to top
A. Text
of Article 32
B. Interpretation and
Application of Article 32
A. Text
of Article 33
B. Interpretation and
Application of Article 33
1. General
(a) Basic structure
(b) Relationship with other Articles
A. Text
of Article 34
B. Interpretation and
Application of Article 34
XXXVI.
Article 35 and Incorporated Provisions of the IPIC Treaty back to top
A. Text
of Article 35
B. Interpretation and
Application of Article 35 and Incorporated Provisions of the IPIC
Treaty
XXXVII.
Article 36 back to top
A. Text
of Article 36
B. Interpretation and
Application of Article 36
XXXVIII.
Article 37 back to top
A. Text
of Article 37
B. Interpretation and
Application of Article 37
A. Text
of Article 38
B. Interpretation and
Application of Article 38
A. Text
of Article 39
B. Interpretation and
Application of Article 39
A. Text
of Article 40
B. Interpretation and
Application of Article 40
A. Text
of Article 41
B. Interpretation and
Application of Article 41
1. General
2. Article 41.1
3. Article 41.2
4. Article 41.3
5. Relationship between Article 41 and other Articles of the TRIPS Agreement and the Berne Convention
A. Text
of Article 42
B. Interpretation and
Application of Article 42
2. Rights covered by Article 42
A. Text
of Article 43
B. Interpretation and
Application of Article 43
A. Text
of Article 44
B. Interpretation and
Application of Article 44
A. Text
of Article 45
B. Interpretation and
Application of Article 45
A. Text
of Article 46
B. Interpretation and
Application of Article 46
1. General
XLVIII.
Article 47 back to top
A. Text
of Article 47
B. Interpretation and
Application of Article 47
A. Text
of Article 48
B. Interpretation and
Application of Article 48
A. Text
of Article 49
B. Interpretation and
Application of Article 49
A. Text
of Article 50
B. Interpretation and
Application of Article 50
A. Text
of Article 51
B. Interpretation and
Application of Article 51
1. General
2. Scope
A. Text
of Article 52
B. Interpretation and
Application of Article 52
A. Text
of Article 53
B. Interpretation and
Application of Article 53
A. Text
of Article 54
B. Interpretation and
Application of Article 54
A. Text
of Article 55
B. Interpretation and
Application of Article 55
A. Text
of Article 56
B. Interpretation and
Application of Article 56
A. Text
of Article 57
B. Interpretation and
Application of Article 57
A. Text
of Article 58
B. Interpretation and
Application of Article 58
A. Text
of Article 59
B. Interpretation and
Application of Article 59
2. 搒hall have the authority?/a>
3. 揹isposal
4. 搕he principles set out in Article 46?/a>
(a) General
A. Text
of Article 60
B. Interpretation and
Application of Article 60
1. Relationship with other Articles
A. Text
of Article 61
B. Interpretation and
Application of Article 61
1. General
2. The first sentence of Article 61
(a) General
(b) 搕rademark counterfeiting or copyright piracy?/a>
3. Relationship with other Articles
A. Text
of Article 62
B. Interpretation and
Application of Article 62
1. Article 62.2
2. Article 62.4
A. Text
of Article 63
B. Interpretation and
Application of Article 63
1. Article 63.2
A. Text
of Article 64
B. Interpretation and
Application of Article 64
1. Articles of the TRIPS Agreement invoked in panel and Appellate Body proceedings
A. Text
of Article 65
B. Interpretation and
Application of Article 65
1. General
2. Article 65.4
(a) 揳n additional period of five years?/a>
3. Article 65.5
(a) 揷hanges ?do not result in a lesser degree of consistency?/a>
4. Relationship with other Articles
A. Text
of Article 66
B. Interpretation and
Application of Article 66
1. Article 66.1
(a) Extension of transition period
(b) Relationship with other Articles
2. Article 66.2
LXVIII.
Article 67 back to top
A. Text
of Article 67
B. Interpretation and
Application of Article 67
A. Text
of Article 68
B. Interpretation and
Application of Article 68
1. Rules of procedure of the Council for TRIPS
(a) Organizations granted observer status
(b) Organizations having ad hoc observer status
A. Text
of Article 69
B. Interpretation and
Application of Article 69
A. Text
of Article 70
B. Interpretation and
Application of Article 70
1. General
(a) Relationship between Article 70.1 and 70.2
2. Article 70.1
(a) 揳cts which occurred before the date of application of the Agreement?/a>
3. Article 70.2
(a) 搒ubject matter existing at the date of application of this Agreement?/a>
4. Article 70.8
(a) 揳 means by which applications for patents for such inventions can be filed?/a>
5. Article 70.9
(a) 揺xclusive marketing rights?/a>
(b) Least-developed country Members
6. Relationship with other Articles
(a) Relationship between Section 5 of Part II and Article 70.2
(b) Relationships between Articles 65 and 66 and Article 70.8 and 70.9
A. Text
of Article 71
B. Interpretation and
Application of Article 71
LXXIII.
Article 72 back to top
A. Text
of Article 72
B. Interpretation and
Application of Article 72
A. Text
of Article 73
B. Interpretation and
Application of Article 73
LXXV.
Text of the Provisions of the Paris Convention (1967) Incorporated by
Article 2.1 of the TRIPS Agreement back to top
LXXVI.
Text of the Provisions of the Berne Convention (1971) Incorporated by
Article 9.1 of the TRIPS Agreement back to top
LXXVII.
Text of the Provisions of the IPIC Treaty Incorporated by Article 35 of
the TRIPS Agreement back to top
LXXVIII.
Text of the Declaration on the TRIPS Agreement and Public Health back to top