TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY (TRIPS)

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 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 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 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”).

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 persons, natural or legal, who are domiciled or who have a real and effective industrial or
commercial 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.

Next Article»

NLIPW Logo

Print Friendly, PDF & Email
FILE A TRADEMARK