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.
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. 1When "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.
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.
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.
Nothing in Parts. I to IV of this Agreement shall derogate from existing obli- gations 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. The web of relationships between TRIPS and the various WIPO conventions is complex. It is established by a number of TRIPS provisions, including but not limited to Article 2.108 The provisions of each category of intellectual property refer directly or indirectly to one or more of the WIPO conventions. Details concerning the relationships between the sets of norms are better dealt with in those chapters that address specific intellectual property subject matter. However, some general observations may be made here.
Article 2.1 provides that Members “shall comply” with Articles 1 through 12 and 19, Paris Convention, in respect to Parts II, III and IV.109 The obligation to comply with the relevant Paris Convention provisions thus applies in respect to the substantive standards relating to the categories of intellectual property, to the enforcement of intellectual property rights, and to the mechanisms for acquiring those rights.110 108 Footnote 2 to Article 1.3, TRIPS Agreement, as quoted above (Section 1), describes the partic- ular version of the relevant WIPO convention to which the other provisions refer. This is necessary because the WIPO conventions are typically subject to revisions that may not be accepted by all parties to the prior version in force. In some cases, WTO Members may be parties to different revisions of the WIPO conventions. In fact, there are few instances in which Members are not parties to the versions referenced in Article 1.2, TRIPS Agreement. Article 1.3, TRIPS Agreement, also establishes rules regarding how nationals of Members are defined, in accordance with various agreements administered by WIPO. 109 Part II, TRIPS Agreement, addresses “Standards Concerning the Availability, Scope and Use of Intellectual Property Rights”, Part III deals with “Enforcement of Intellectual Property Rights”, and Part IV concerns “Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures”. 110 Articles 1 through 12 and 19, Paris Convention, include rules regarding the basic national treatment obligation (Article 2), filing and priority rules for patents, utility models, industrial de- signs and trademarks (Article 4), independence of patents (Article 4bis), compulso...
