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Agreement on Trade-Related Aspects of Intellectual Property Rights
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
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Inter-Partes Procedures
PART V Dispute Prevention and Settlement PART VI Transitional Arrangements
PART VII Institutional Arrangements; Final Provisions
Preamble Members，
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
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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；
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：
Part I General Provisions and Basic Principles Article 1 Nature and Scope of Obligations
1.Members shall give effect to the provisions of this Agreement. Members may，but shall not be obliged to, implement in their law more extensive protection than is required by this Agreement，provided that such protection does not contravene the provisions of this Agreement. Members shall be free to determine the appropriate
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method of implementing the provisions of this Agreement within their own legal system and practice.
2.For the purposes of this Agreement, the term “intellectual property”refers to all categories of intellectual property that are the subject of Sections 1 through 7 of Part II.
3.Members shall accord the treatment provided for in this Agreement to the nationals of other Members.1 (1) In respect of the relevant intellectual property right，the nationals of other Members shall be understood as those natural or legal persons that would meet the criteria for eligibility for protection provided for in the Paris Convention (1967)，the Berne Convention (1971)，the Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits，were all Members of the WTO members of those conventions. 2(2) Any Member availing itself of the possibilities provided in paragraph 3 of Article 5 or paragraph 2 of Article 6
of
the
Rome
Convention
shall
make
a
notification
as
foreseen in those provisions to the Council for Trade-Related Aspects of Intellectual Property Rights (the “Council for TRIPS”). Article 2 Intellectual Property Conventions
1.In respect of Parts II, III and IV of this Agreement, Members shall comply with 1 When “nationals”are referred to in this Agreement，they shall be deemed，in the case of a separate customs
territory Member of the WTO，to mean establishment in that customs territory.
2 In this Agreement，“Paris Convention”refers to the Paris Convention for the Protection of Industrial Property；
“Paris Convention（1967）refers to the Stockholm Act of this Convention of 14 July 1967. “Berne Convention”refers to the Berne Convention for the Protection of Literary and Artistic Works；“Berne Convention（1971）refers to the Paris Act of this Convention of 24 July 1971.“Rome Convention” refers to the International
Convention for the Protection of Performers，Producers of Phonograms and Broadcasting Organizations，adopted at Rome on 26 October 1961.“Treaty on Intellectual Property in Respect of Integrated Circuits”（IPIC Treaty）refers to the Treaty on Intellectual Property in Respect of Integrated Circuits，adopted at Washington on 26 May 1989. “WTO Agreement”refers to the Agreement Establishing the WTO.
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Articles 1 through 12，and Article 19，of the Paris Convention (1967).
2.Nothing in Parts I to IV of this Agreement shall derogate from existing obligations that
Members may have to each other under the Paris Convention，the Berne Convention，the
Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits.
Article 3 National Treatment
1.Each Member shall accord to the nationals of other Members treatment no less favorable than that it accords to its own nationals with regard to the protection3 of intellectual property，subject to the exceptions already provided in，respectively，the Paris Convention (1967)，the Berne Convention (1971)，the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits. In respect of performers，producers of phonograms and broadcasting organizations，this obligation only applies in respect of the rights provided under this Agreement. Any Member availing itself of the possibilities provided in Article 6 of the Berne Convention (1971) or paragraph 1(b) of Article 16 of the Rome Convention shall make a notification as foreseen in those provisions to the Council for TRIPS. 2.Members may avail themselves of the exceptions permitted under paragraph 1 in relation to judicial and administrative procedures, including the designation of an 3 For the purpose of Article 3 and 4，“protection”shall include matters affecting the availability，acquisition，
scope，maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically addressed in this Agreement.
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与贸易有关的知识产权协议(TRIPS)中英文版本
