(signed on January 1, 1994)

Part I General Provisions and Basic Principles

Part II On the Effectiveness of Intellectual Property Rights, Scope and standards of use

1. Copyright and related rights

2. Trademarks

3. Geographical indications

4. Industrial design

5. Patents

6. Design (distribution) of integrated circuits

7. Protection of undisclosed information

8. In contractual license. Enforcement of intellectual property rights

1. General obligations

2. Civil and administrative procedures and remedies

3. Temporary measures

4. Special requirements on border measures

5. Criminal procedures

Part IV Acquisition and maintenance of intellectual property rights and related procedures

Part V Prevention and settlement of disputes

Part VI Transitional arrangements < Final clause

Members

expect to reduce distortions and obstacles in international trade, taking into account the need to strengthen the effective and adequate protection of intellectual property rights, and ensure that the measures and procedures for implementing intellectual property rights themselves will not become obstacles to legitimate trade;

It is recognized that it is necessary to formulate new rules and disciplines on the following issues for this purpose:

(a) On the application of the basic principles of GATT 1994 and relevant international intellectual property agreements or conventions;

(b) Regarding the formulation of appropriate standards and principles on the effectiveness, scope and use of trade-related intellectual property rights;

(c) To provide effective and appropriate methods for the enforcement of trade-related intellectual property rights, taking into account the differences in legal systems of various countries;

(d) Regarding the formulation of effective and speedy procedures for the prevention and settlement of intergovernmental disputes at the multilateral level;

(e) Regarding the formulation of transitional arrangements, the negotiation results can be implemented in the widest scope.

recognize the need for a multilateral framework containing principles, rules and disciplines to deal with the international trade in counterfeit goods;

recognize that intellectual property rights are private rights;

recognize the most basic public policy objectives of intellectual property protection systems in various countries, including development objectives and technical objectives;

also recognizes that least developed country members need maximum flexibility in implementing laws and regulations at home, so as to create a sound and dynamic technological foundation;

Emphasize the importance of reaching a strong commitment through multilateral procedures to resolve trade-related intellectual property disputes and thus reduce friction;

I hope to establish a mutually supportive relationship between the World Trade Organization and the World Intellectual Property Organization (hereinafter referred to as "WIPO" in this agreement) and other relevant international organizations;

The agreement is as follows:

Part I General Provisions and Basic Principles

Article 1 Nature and Scope of Obligations

1. Members shall put the provisions of this Agreement into effect. Members may, but shall not be obliged to implement in their laws protection wider than that required by this Agreement, as long as such protection does not violate the provisions of this Agreement. Members have the right to formulate appropriate methods for implementing the provisions of this Agreement in their own legal systems and practices.

2. For the purposes of this Agreement, the term "intellectual property" refers to all categories of intellectual property mentioned in Sections 1 to 7 of Part II.

3. each member shall give the nationals of other members the treatment stipulated in this agreement. As far as relevant intellectual property rights are concerned, nationals of other members should be understood as natural persons or legal persons who meet the protection qualification standards stipulated in the Paris Convention (1967), the Berne Convention (1971), the Rome Convention and the Treaty on Intellectual Property Rights of Integrated Circuits, if all members of the World Trade Organization are members of those conventions. Any member who avails himself of the rights provided by Article 5, paragraph 3, and Article 6, paragraph 2, of the Treaty of Rome shall notify the Council for Trade-related Aspects of Intellectual Property Rights (TRIPS Council) in accordance with those provisions.

Note: ① When "nationals" are mentioned in this Agreement, if they are members of a separate customs territory of the World Trade Organization, they shall be considered as natural persons or legal persons who live in that customs territory or have real or effective industrial or commercial facilities in that customs territory.

② In this Agreement, the Paris Convention refers to the Paris Convention for the Protection of Industrial Property; "Paris Convention (1967)" means the Stockholm Act of July 14th, 1967. "Berne Convention" means the Berne Convention for the Protection of Literary and Artistic Works; "Berne Convention (1971)" means the "Paris Act" of this Convention on July 24th, 1971. "Rome Convention" means the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations adopted in Rome on October 26th, 1961. "Treaty on Intellectual Property Rights of Integrated Circuits" (IPIC Treaty) refers to the Treaty on Intellectual Property Rights of Integrated Circuits adopted in Washington on May 26th, 1989. "WTO Agreement" means the Agreement Establishing the WTO.

Article 2 Convention on Intellectual Property Rights

1. As far as Parts II, III and IV of this Agreement are concerned, Members shall abide by Articles 1 to 12 and Article 19 of the Paris Convention (1967).

2. Nothing in Parts I to IV of this Agreement shall deviate from the existing mutual obligations among members under the Paris Convention, Berne Convention, Rome Convention and the Treaty on Intellectual Property Rights of Integrated Circuits.

article 3 national treatment

1. with regard to the protection of intellectual property rights, the treatment given by each member to the nationals of other members should not be lower than that given to its own nationals, unless there are exceptions in the Paris convention (1967), the Berne convention (1971), the Rome convention or the treaty on intellectual property rights of integrated circuits. For performers, producers of phonograms and broadcasting organizations, this obligation only applies to the rights stipulated in this Agreement. Any member who avails himself of the rights provided by Article 6 of the Berne Convention or Paragraph 1 (b) of Article 16 of the Rome Convention shall notify the Council of TRIPS in accordance with those provisions.

Note: ① In Articles 3 and 4, the word "protection" shall include matters that affect the effectiveness, acquisition, scope, maintenance and enforcement of intellectual property rights, as well as matters that specifically affect the use of intellectual property rights in this Agreement.

2. Members may make use of the exceptions in judicial and administrative procedures permitted in paragraph 1, including the designation of service places and the designation of agents within the jurisdiction of a Member, provided that these exceptions are necessary to ensure compliance with laws and regulations that do not contravene the provisions of this Agreement, and the implementation of this practice does not constitute disguised restrictions on trade.

Article 4 Most-favored-nation treatment

In terms of intellectual property protection, any benefits, preferences, privileges or immunities granted by a member to the nationals of any other member shall be immediately and unconditionally granted to the nationals of all other members. The following benefits, preferences, privileges or immunities granted by a member are exempted from this obligation:

(a) those derived from international agreements on judicial assistance or law enforcement of a general nature and not specifically limited to intellectual property protection;

(b) In accordance with the provisions of the Berne Convention (1971) or the Rome Convention, the treatment granted by them is not national treatment but treatment granted by another country;

(c) The rights of performers, producers of phonograms and broadcasting organizations not specified under this Agreement;

(d) originated from international agreements on intellectual property protection that came into effect before the entry into force of the Agreement on the Establishment of the World Trade Organization (hereinafter referred to as the Agreement on the Establishment of the WTO), as long as these international agreements have been notified to the Council of TRIPS and do not cause arbitrary or unfair discrimination against the nationals of other members.

Article 5 Multilateral Agreement on Obtaining or Maintaining Protection

The obligations in Articles 3 and 4 do not apply to the procedures stipulated in the multilateral agreement on obtaining or maintaining intellectual property rights reached under the auspices of WIPO.

article 6 exhaustion doctrine

as far as the dispute settlement under this agreement is concerned, this agreement shall not be used to deal with the exhaustion doctrine issue of intellectual property rights on the premise of observing the provisions of articles 2 and 4.

Article 7 Objective

The protection and enforcement of intellectual property rights should help to promote technological innovation and technology transfer and dissemination, so that creators and users of technological knowledge can benefit from each other and contribute to the growth of social and economic welfare and the balance of rights and obligations.

Article VIII Principle

1. When formulating or amending its laws and regulations, Members may take necessary measures to protect the health and nutrition of the public and promote the public interests of sectors that are vital to their socio-economic and technological development, as long as these measures conform to the provisions of this Agreement.

2. as long as the provisions of this agreement are met, appropriate measures can be taken when necessary to prevent the holders of intellectual property rights from abusing intellectual property rights or taking practices that unduly restrict trade or seriously affect international technology transfer.

Part II Standards on Effectiveness, Scope and Use of Intellectual Property Rights

Section I Copyright and Related Rights

Relationship between Article 9 and Berne Convention

1. Members shall abide by Articles 1 to 21 of Berne Convention (1971) and its appendices. However, members have no rights and obligations under this agreement with respect to the rights granted or derived from Article 6 bis of the Convention.

2. The protection of copyright should extend to expressions, but not to ideas, procedures, operating methods or mathematical concepts themselves.

article 1 compilation of computer programs and data

1. computer programs, whether source code or object code, should be protected as written works under the Berne convention (1971).

2. Data compilation or other data compilation, whether in machine-readable form or other forms, should be protected as intellectual creation as long as it constitutes intellectual creation through the selection or arrangement of its contents. This protection should not extend to the data or the data itself, and should not damage any copyright existing in the data or the data itself.

article 11 right to rent

at least in terms of computer programs and film works, a member shall give the author and his legal successors the right to rent the original or copy of his copyrighted work to the public commercially. A member may not assume this obligation for a film work, unless such rental has led to the widespread reproduction of the work, thus substantially damaging the exclusive reproduction right granted by the member to the author and his legal heirs. This obligation does not apply to the rental of computer programs, if the program itself is not the necessary object of rental.

article 12 term of protection

except for photographic works or practical works of art, if the term of protection of a work is not calculated on the basis of the life span of a natural person, the term shall not be less than 5 years from the end of the calendar year in which the work was approved for publication, or if the work was not authorized for publication within 5 years after creation, it shall not be less than 5 years from the end of the calendar year in which it was created.

article 13 restrictions and exceptions

any restrictions or exceptions made by members on the exclusive right shall be limited to some special circumstances, and will not conflict with the normal exploitation of the work, nor will it unreasonably harm the legitimate interests of the right holder.

Article 14 Protection of performers, producers of phonograms (phonograms) and broadcasting organizations

1. As far as recording performances on phonograms is concerned, performers should have the right to prevent the following acts without their authorization: recording their unrecorded performances and copying these recordings. Performers should also have the right to prevent the following acts without their authorization: to broadcast and spread their live performances to the public wirelessly.

2. producers of phonograms should have the right to permit or prohibit direct or indirect copying of their phonograms.

3. Broadcasting organizations should have the right to prohibit the following acts without their authorization: recording their broadcasts, copying their recordings and rebroadcasting their broadcasts by wireless broadcasting, and rebroadcasting the same TV broadcasts to the public. If a member fails to grant this right to the broadcasting organization, the copyright owner of the broadcast content should be given the right to stop the above-mentioned behavior on the premise of complying with the Berne Convention (1971).

4. the provisions of article 11 on computer programs shall basically apply to producers of phonograms and any other person who has rights to phonograms as stipulated by domestic laws. If, on April 15th, 1994, a member has implemented the system of paying fair remuneration to the right holder in the rental of records, this system can be retained as long as the commercial rental of records does not cause substantial damage to the exclusive reproduction right of the right holder.

5. The term of protection granted to performers and producers of phonograms under this Agreement shall start from the end of the calendar year in which the recording or performance takes place and last at least until the end of the fiftieth year. The term of protection granted under paragraph 3 shall last for at least 2 years from the end of the calendar year in which the broadcast takes place.

6. any member may stipulate conditions, restrictions, exceptions and reservations to the rights granted in paragraphs 1, 2 and 3 within the limits permitted by the Rome convention. However, the provisions of Article 18 of the Berne Convention (1971) should also basically apply to the rights enjoyed by performers and producers of phonograms.

section 2 trademarks

article 15 objects that can be protected

1. any mark or combination of marks should constitute a trademark as long as it can distinguish the goods or services of an enterprise from those of other enterprises. These marks, especially words, including personal names, letters, numbers, combinations of figures and colors, and any combination of these marks, should be eligible for registration as trademarks. If the mark has no inherent characteristics to distinguish the goods or services concerned, members may decide whether to register it according to the distinctiveness obtained by the mark after use. Members may require that these marks should be visually perceptible as a condition of registration.

2. Paragraph 1 should not be understood as preventing a member from refusing to register a trademark on other grounds, as long as these reasons do not violate the Paris Convention (