（Agreement on Trade-Related Aspects of
Intellectual Property Rights，TRIPS）
第一篇 一般規定及基本原則 §1
第四篇 智慧財產權之取得與維持及相關之當事人間程序 §62
第五篇 爭端之預防及解決 §63
第六篇 過渡性措施 §65
第七篇 機構安排；最終條款 §68
TABLE OF CONTENTS
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
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
2.Civil and Administrative Procedures and Remedies
4.Special Requirements Related to Border Measures
Part IV: Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures
Part V: Dispute Prevention and Settlement
Part VI: Transitional Arrangements
Part VII: Institutional Arrangements; Final Provisions
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 the 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 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;
Emphasizing the importance of reducing tensions by reaching strengthened commitments to resolve disputes on trade-related intellectual property issues through multilateral procedures;
Desiring to establish a mutually supportive relationship between the WTO and the World Intellectual Property Organization（WIPO）as well as other relevant international organisations;
Hereby agree as follows:
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 domestic 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 to 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.S2 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.
Article 2 Intellectual Property Conventions
1.In respect of Parts II, III and IV of this Agreement, Members shall comply with Articles 1-12 and 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.
1.除（一九六七年）巴黎公約、（一九七一年）伯恩公約、羅馬公約及積體電路智慧財產權條約所定之例外規定外，就智慧財產權保護而言，每一會員給予其他會員國民之待遇不得 低於其給予本國國民之待遇；對表演人、錄音物製作人及廣播機構而言，本項義務僅及於 依本協定規定之權利。任何會員於援引伯恩公約第六條及羅馬公約第十六條第一項（b）款規定時，均應依各該條規定通知與貿易有關之智慧財產權理事會。
Article 3 National Treatment
1.Each Member shall accord to the nationals of other Members treatment no less favourable 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 and 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 and paragraph 1（b）of Article 16 of the Rome Convention shall make a notification as foreseen in those provisions to the Council for Trade-Related Aspects of Intellectual Property Rights.
2.Members may avail themselves of the exceptions permitted under paragraph 1 above in relation to judicial and administrative procedures, including the designation of an address for service or the appointment of an agent within the jurisdiction of a Member, only where such exceptions are necessary to secure compliance with laws and regulations which are not inconsistent with the provisions of this Agreement and where such practices are not applied in a manner which would constitute a disguised restriction on trade.
Article 4 Most-Favoured-Nation Treatment
With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Members.Exempted from this obligation are any advantage, favour, privilege or immunity accorded by a Member:
（a）deriving from international agreements on judicial assistance and law enforcement of a general nature and not particularly confined to the protection of intellectual property;
（b）granted in accordance with the provisions of the Berne Convention（1971）or the Rome Convention authorizing that the treatment accorded be a function not of national treatment but of the treatment accorded in another country;
（c）in respect of the rights of performers, producers of phonograms and broadcasting organizations not provided under this Agreement;
（d）deriving from international agreements related to the protection of intellectual property which entered into force prior to the entry into force of the Agreement Establishing the WTO, provided that such agreements are notified to the Council for Trade-Related Aspects of Intellectual Property Rights and do not constitute an arbitrary or unjustifiable discrimination against nationals of other Members.
Article 5 Multilateral Agreements on Acquisition or Maintenance of Protection
The obligations under Articles 3 and 4 above do not apply to procedures provided in multilateral agreements concluded under the auspices of the World Intellectual Property Organization relating to the acquisition or maintenance of intellectual property rights.
Article 6 Exhaustion
For the purposes of dispute settlement under this Agreement, subject to the provisions of Articles 3 and 4 above nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights.
Article 7 Objectives
The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
1.會員於訂定或修改其國內法律及規則時， 為保護公共衛生及營養，並促進對社會經濟及技 術發展特別重要產業之公共利益，得採行符合本協定規定之必要措施。
Article 8 Principles
1.Members may, in formulating or amending their national laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this Agreement.
2.Appropriate measures, provided that they are consistent with the provisions of this Agreement, may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
第二篇 智慧財產權之有效性、範圍暨使用 1.著作權及其相關權利
Article 9 Relation to Berne Convention
1.Members shall comply with Articles 1-21 and the Appendix of the Berne Convention（1971）.However, Members shall not have rights or obligations under this Agreement in respect of the rights conferred under Article 6bis of that Convention or of the rights derived therefrom.
2.Copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such.
2.資料或其他素材之編輯，不論係藉由機器認讀或其他形式，如其內容之選擇或編排構成智慧之創作者， 即應予保護。但該保護不及於資料或素材本身，且對該資料或素材本身之著 作權不生影響。
Article 10 Computer Programs and Compilations of Data
1.Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention（1971）.
2.Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such.Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.
Article 11 Rental Rights
In respect of at least computer programs and cinematographic works, a Member shall provide authors and their successors in title the right to authorize or to prohibit the commercial rental to the public of originals or copies of their copyright works.A Member shall be excepted from this obligation in respect of cinematographic works unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors and their successors in title.In respect of computer programs, this obligation does not apply to rentals where the program itself is not the essential object of the rental.
Article 12 Term of Protection
Whenever the term of protection of a work, other than a photographic work or a work of applied art, is calculated on a basis other than the life of a natural person, such term shall be no less than fifty years from the end of the calendar year of authorized publication, or, failing such authorised publication within fifty years from the making of the work, fifty years from the end of the calendar year of making.
Article 13 Limitations and Exceptions
Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.
Article 14 Protection of Performers, Producers of Phonograms（Sound Recordings）and Broadcasting Organizations
1.In respect of a fixation of their performance on a phonogram, performers shall have the possibility of preventing the following acts when undertaken without their authorization: the fixation of their unfixed performance and the reproduction of such fixation.Performers shall also have the possibility of preventing the following acts when undertaken without their authorization: the broadcasting by wireless means and the communication to the public of their live performance.
2.Producers of phonograms shall enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
3.Broadcasting organizations shall have the right to prohibit the following acts when undertaken without their authorization: the fixation, the reproduction of fixations, and the rebroadcasting by wireless means of broadcasts, as well as the communication to the public of television broadcasts of the same.Where Members do not grant such rights to broadcasting organizations, they shall provide owners of copyright in the subject matter of broadcasts with the possibility of preventing the above acts, subject to the provisions of the Berne Convention（1971）.
4.The provisions of Article 11 in respect of computer programs shall apply mutatis mutandis to producers of phonograms and any other right holders in phonograms as determined in domestic law.If, on the date of the Ministerial Meeting concluding the Uruguay Round of Multilateral Trade Negotiations, a Member has in force a system of equitable remuneration of right holders in respect of the rental of phonograms, it may maintain such system provided that the commercial rental of phonograms is not giving rise to the material impairment of the exclusive rights of reproduction of right holders.
5.The term of the protection available under this Agreement to performers and producers of phonograms shall last at least until the end of a period of fifty years computed from the end of the calendar year in which the fixation was made or the performance took place.The term of protection granted pursuant to paragraph 3 above shall last for at least twenty years from the end of the calendar year in which the broadcast took place.
6.Any Member may, in relation to the rights conferred under paragraphs 1-3 above, provide for conditions, limitations, exceptions and reservations to the extent permitted by the Rome Convention.However, the provisions of Article 18 of the Berne Convention（1971）shall also apply, mutatis mutandis, to the rights of performers and producers of phonograms in phonograms.
第二篇 智慧財產權之有效性、範圍暨使用 2.商標
Article 15 Protectable Subject Matter
1.Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark.Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, shall be eligible for registration as trademarks.Where signs are not inherently capable of distinguishing the relevant goods or services, Members may make registrability depend on distinctiveness acquired through use.Members may require, as a condition of registration, that signs be visually perceptible.
2.Paragraph 1 above shall not be understood to prevent a Member from denying registration of a trademark on other grounds, provided that they do not derogate from the provisions of the Paris Convention（1967）.
3.Members may make registrability depend on use.However, actual use of a trademark shall not be a condition for filing an application for registration.An application shall not be refused solely on the ground that intended use has not taken place before the expiry of a period of three years from the date of application.
4.The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to registration of the trademark.
5.Members shall publish each trademark either before it is registered or promptly after it is registered and shall afford a reasonable opportunity for petitions to cancel the registration.In addition, Members may afford an opportunity for the registration of a trademark to be opposed.
Article 16 Rights Conferred
1.The owner of a registered trademark shall have the exclusive right to prevent all third parties not having his consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion.In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.The rights described above shall not prejudice any existing prior rights, nor shall they affect the possibility of Members making rights available on the basis of use.
2.Article 6bis of the Paris Convention（1967）shall apply, mutatis mutandis, to services.In determining whether a trademark is well-known, account shall be taken of the knowledge of the trademark in the relevant sector of the public, including knowledge in that Member obtained as a result of the promotion of the trademark.
3.Article 6bis of the Paris Convention（1967）shall apply, mutatis mutandis, to goods or services which are not similar to those in respect of which a trademark is registered, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered trademark and provided that the interests of the owner of the registered trademark are likely to be damaged by such use.
Article 17 Exceptions
Members may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.
Article 18 Term of Protection
Initial registration, and each renewal of registration, of a trademark shall be for a term of no less than seven years.The registration of a trademark shall be renewable indefinitely.
Article 19 Requirement of Use
1.If use is required to maintain a registration, the registration may be cancelled only after an uninterrupted period of at least three years of non-use, unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner.Circumstances arising independently of the will of the owner of the trademark which constitute an obstacle to the use of the trademark, such as import restrictions on or other government requirements for goods or services protected by the trademark, shall be recognized as valid reasons for non-use.
2.When subject to the control of its owner, use of a trademark by another person shall be recognized as use of the trademark for the purpose of maintaining the registration.
商標於交易過程之使用，不應受特別要件的不合理妨礙；例如須與其他商標共同使用、須以特 別的形式使用、或須以足對區別一企業與他企業之商品或服務之功能產生減損之方式使用，均 是。此規定並不排除設置要件，以要求將表彰生產物品或服務的企業商標必須與區別該企業所 生之特定產品或服務的商標配合使；但不得要求將此二商標聯結。
Article 20 Other Requirements
The use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements, such as use with another trademark, use in a special form or use in a manner detrimental to its capability to distinguish the goods or services of one undertaking from those of other undertakings.This will not preclude a requirement prescribing the use of the trademark identifying the undertaking producing the goods or services along with, but without linking it to, the trademark distinguishing the specific goods or services in question of that undertaking.
Article 21 Licensing and Assignment
Members may determine conditions on the licensing and assignment of trademarks, it being understood that the compulsory licensing of trademarks shall not be permitted and that the owner of a registered trademark shall have the right to assign his trademark with or without the transfer of the business to which the trademark belongs.
第二篇 智慧財產權之有效性、範圍暨使用 3.標示
Article 22 Protection of Geographical Indications
1.Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
2.In respect of geographical indications, Members shall provide the legal means for interested parties to prevent:
（a）the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;
（b）any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention（1967）.
3.A Member shall, ex officio if its legislation so permits or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the trademark for such goods in that Member is of such a nature as to mislead the public as to the true place of origin.
4.The provisions of the preceding paragraphs of this Article shall apply to a geographical indication which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory.
Article 23 Additional Protection for Geographical Indications for Wines and Spirits
1.Each Member shall provide the legal means for interested parties to prevent use of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or identifying spirits for spirits not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like.4
2.The registration of a trademark for wines which contains or consists of a geographical indication identifying wines or for spirits which contains or consists of a geographical indication identifying spirits shall be refused or invalidated, ex officio if domestic legislation so permits or at the request of an interested party, with respect to such wines or spirits not having this origin.
3.In the case of homonymous geographical indications for wines, protection shall be accorded to each indication, subject to the provisions of paragraph 4 of Article 22 above.Each Member shall determine the practical conditions under which the homonymous indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.
4.In order to facilitate the protection of geographical indications for wines, negotiations shall be undertaken in the Council for Trade-Related Aspects of Intellectual Property Rights concerning the establishment of a multilateral system of notification and registration of geographical indications for wines eligible for protection in those Members participating in the system.
2.與貿易有關之智慧財產權協定理事會應隨時檢討本節規定之適用情形；首次檢討應於世界 貿易組織協定生效後兩年內進行。任何足以影響遵守此等條款下之義務之情事均應通知理 事會；上開情事若透過有關會員間之雙邊或複邊諮商無法達成合意之解決方案時，理事會 應依會員之請求，與任一會員或數個會員間進行協商。理事會應採取所同意之措施以促進 合作並提昇本節之宗旨。
Article 24 International Negotiations; Exceptions
1.Members agree to enter into negotiations aimed at increasing the protection of individual geographical indications under Article 23.The provisions of paragraphs 4-8 below shall not be used by a Member to refuse to conduct negotiations or to conclude bilateral or multilateral agreements.In the context of such negotiations, Members shall be willing to consider the continued applicability of these provisions to individual geographical indications whose use was the subject of such negotiations.
2.The Council for Trade-Related Aspects of Intellectual Property Rights shall keep under review the application of the provisions of this Section; the first such review shall take place within two years of the entry into force of the Agreement Establishing the WTO.Any matter affecting the compliance with the obligations under these provisions may be drawn to the attention of the Council, which, at the request of a Member, shall consult with any Member or Members in respect of such matter in respect of which it has not been possible to find a satisfactory solution through bilateral or plurilateral consultations between the Members concerned.The Council shall take such action as may be agreed to facilitate the operation and further the objectives of this Section.
3.In implementing this Section, a Member shall not diminish the protection of geographical indications that existed in that Member immediately prior to the date of entry into force of the Agreement Establishing the WTO.
4.Nothing in this Section shall require a Member to prevent continued and similar use of a particular geographical indication of another Member identifying wines or spirits in connection with goods or services by any of its nationals or domiciliaries who have used that geographical indication in a continuous manner with regard to the same or related goods or services in the territory of that Member either（a）for at least ten years preceding the date of the Ministerial Meeting concluding the Uruguay Round of Multilateral Trade Negotiations or（b）in good faith preceding that date.
5.Where a trademark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith either:
（a）before the date of application of these provisions in that Member as defined in Part VI below; or
（b）before the geographical indication is protected in its country of origin; measures adopted to implement this Section shall not prejudice eligibility for or the validity of the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical with, or similar to, a geographical indication.
6.Nothing in this Section shall require a Member to apply its provisions in respect of a geographical indication of any other Member with respect to goods or services for which the relevant indication is identical with the term customary in common language as the common name for such goods or services in the territory of that Member.Nothing in this Section shall require a Member to apply its provisions in respect of a geographical indication of any other Member with respect to products of the vine for which the relevant indication is identical with the customary name of a grape variety existing in the territory of that Member as of the date of entry into force of the Agreement Establishing the WTO.
7.A Member may provide that any request made under this Section in connection with the use or registration of a trademark must be presented within five years after the adverse use of the protected indication has become generally known in that Member or after the date of registration of the trademark in that Member provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in that Member, provided that the geographical indication is not used or registered in bad faith.
8.The provisions of this Section shall in no way prejudice the right of any person to use, in the course of trade, his name or the name of his predecessor in business, except where such name is used in such a manner as to mislead the public.
9.There shall be no obligation under this Agreement to protect geographical indications which are not or cease to be protected in their country of origin, or which have fallen into disuse in that country.
第二篇 智慧財產權之有效性、範圍暨使用 4.工業設計
Article 25 Requirements for Protection
1.Members shall provide for the protection of independently created industrial designs that are new or original.Members may provide that designs are not new or original if they do not significantly differ from known designs or combinations of known design features.Members may provide that such protection shall not extend to designs dictated essentially by technical or functional considerations.
2.Each Member shall ensure that requirements for securing protection for textile designs, in particular in regard to any cost, examination or publication, do not unreasonably impair the opportunity to seek and obtain such protection.Members shall be free to meet this obligation through industrial design law or through copyright law.
Article 26 Protection
1.The owner of a protected industrial design shall have the right to prevent third parties not having his consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
2.Members may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.
3.The duration of protection available shall amount to at least ten years.
第二篇 智慧財產權之有效性、範圍暨使用 5.專利
Article 27 Patentable Subject Matter
1.Subject to the provisions of paragraphs 2 and 3 below, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.5 Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
2.Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by domestic law.
3.Members may also exclude from patentability:
（a）diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
（b）plants and animals other than microorganisms, and essentially biological processes for the production of plants or animals other than non- biological and microbiological processes.However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.The provisions of this sub-paragraph shall be reviewed four years after the entry into force of the Agreement Establishing the WTO.
Article 28 Rights Conferred
1.A patent shall confer on its owner the following exclusive rights:
（a）where the subject matter of a patent is a product, to prevent third parties not having his consent from the acts of: making, using, offering for sale, selling, or importing6 for these purposes that product;
（b）where the subject matter of a patent is a process, to prevent third parties not having his consent from the act of using the process, and from the acts of: using, offering for sale, selling, or importing for these purposes at least the product obtained directly by that process.
2.Patent owners shall also have the right to assign, or transfer by succession, the patent and to conclude licensing contracts.
Article 29 Conditions on Patent Applicants
1.Members shall require that an applicant for a patent shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art and may require the applicant to indicate the best mode for carrying out the invention known to the inventor at the filing date or, where priority is claimed, at the priority date of the application.
2.Members may require an applicant for a patent to provide information concerning his corresponding foreign applications and grants.
Article 30 Exceptions to Rights Conferred
Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties.
（b）特許實施申請人曾就專利授權事項以合理之商業條件與權利人極力協商，如仍無法於合理期間內取得授權者，方可准予特許實施。會員得規定國家緊急危難或其他緊急情況或基於非營利之公益考量下，可不受前揭限制而准予特許實施。其因國家緊急危難或其他緊急情 況而准予特許實施時，須儘可能速予通知專利權人。如係基於非營利之公益使用者，政府 或其承攬人於未經專利檢索之情況下，即可知或有理由可知有效之專利內容為或將為政府 所使用，或基於政府之需要利用者，應即刻通知專利權人；
Article 31 Other Use Without Authorization of the Right Holder
Where the law of a Member allows for other use7 of the subject matter of a patent without the authorization of the right holder, including use by the government or third parties authorized by the government, the following provisions shall be respected:
（a）authorization of such use shall be considered on its individual merits;
（b）such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time.This requirement may be waived by a Member in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use.In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable.In the case of public non-commercial use, where the government or contractor, without making a patent search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the government, the right holder shall be informed promptly;
（c）the scope and duration of such use shall be limited to the purpose for which it was authorized, and in the case of semi-conductor technology shall only be for public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive.
（d）such use shall be non-exclusive;
（e）such use shall be non-assignable, except with that part of the enterprise or goodwill which enjoys such use;
（f）any such use shall be authorized predominantly for the supply of the domestic market of the Member authorizing such use;
（g）authorization for such use shall be liable, subject to adequate protection of the legitimate interests of the persons so authorized, to be terminated if and when the circumstances which led to it cease to exist and are unlikely to recur.The competent authority shall have the authority to review, upon motivated request, the continued existence of these circumstances;
（h）the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization;
（i）the legal validity of any decision relating to the authorization of such use shall be subject to judicial review or other independent review by a distinct higher authority in that Member;
（j）any decision relating to the remuneration provided in respect of such use shall be subject to judicial review or other independent review by a distinct higher authority in that Member;
（k）Members are not obliged to apply the conditions set forth in sub- paragraphs（b）and（f）above where such use is permitted to remedy a practice determined after judicial or administrative process to be anti- competitive.The need to correct anti-competitive practices may be taken into account in determining the amount of remuneration in such cases.Competent authorities shall have the authority to refuse termination of authorization if and when the conditions which led to such authorization are likely to recur;
（l）where such use is authorized to permit the exploitation of a patent（"the second patent"）which cannot be exploited without infringing another patent（"the first patent"）, the following additional conditions shall apply:
（i）the invention claimed in the second patent shall involve an important technical advance of considerable economic significance in relation to the invention claimed in the first patent;
（ii）the owner of the first patent shall be entitled to a cross-licence on reasonable terms to use the invention claimed in the second patent; and
（iii）the use authorized in respect of the first patent shall be non- assignable except with the assignment of the second patent.
Article 32 Revocation/Forfeiture
An opportunity for judicial review of any decision to revoke or forfeit a patent shall be available.
Article 33 Term of Protection
The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date.8
Article 34 Process Patents: Burden of Proof
1.For the purposes of civil proceedings in respect of the infringement of the rights of the owner referred to in paragraph 1（b）of Article 28 above, if the subject matter of a patent is a process for obtaining a product, the judicial authorities shall have the authority to order the defendant to prove that the process to obtain an identical product is different from the patented process.Therefore, Members shall provide, in at least one of the following circumstances, that any identical product when produced without the consent of the patent owner shall, in the absence of proof to the contrary, be deemed to have been obtained by the patented process:
（a）if the product obtained by the patented process is new;
（b）if there is a substantial likelihood that the identical product was made by the process and the owner of the patent has been unable through reasonable efforts to determine the process actually used.
2.Any Member shall be free to provide that the burden of proof indicated in paragraph 1 shall be on the alleged infringer only if the condition referred to in sub-paragraph（a）is fulfilled or only if the condition referred to in sub-paragraph（b）is fulfilled.
3.In the adduction of proof to the contrary, the legitimate interests of the defendant in protecting his manufacturing and business secrets shall be taken into account.
第二篇 智慧財產權之有效性、範圍暨使用 6.積體電路之電路布局
Article 35 Relation to IPIC Treaty
Members agree to provide protection to the layout-designs（topographies）of integrated circuits（hereinafter referred to as "layout-designs"）in accordance with Articles 2-7（other than paragraph 3 of Article 6）, Article 12 and paragraph 3 of Article 16 of the Treaty on Intellectual Property in Respect of Integrated Circuits and, in addition, to comply with the following provisions.
Article 36 Scope of the Protection
Subject to the provisions of paragraph 1 of Article 37 below, Members shall consider unlawful the following acts if performed without the authorization of the right holder:9 importing, selling, or otherwise distributing for commercial purposes a protected layout-design, an integrated circuit in which a protected layout-design is incorporated, or an article incorporating such an integrated circuit only insofar as it continues to contain an unlawfully reproduced layout-design.
1.縱有第三十六條之規定，對含有不法複製之電路布局之積體電路，或其內積體電路含有不法複製電路布局之物品的規定，如行為人於取得該積體電路或含有該積體電路之物品時並 不知且無適當理由可得而知有包含不法複製電路布局情事者，會員不得視其行為違法。會員應規定該行為人於被充分告知電路布局係不法複製後，仍可處理其擁有之存貨及被告知前之訂單，惟必須支付權利人相當於在自由協議該電路布局授權之情形下所應支付之合理 權利金。
Article 37 Acts not Requiring the Authorization of the Right Holder
1.Notwithstanding Article 36 above, no Member shall consider unlawful the performance of any of the acts referred to in that Article in respect of an integrated circuit incorporating an unlawfully reproduced layout-design or any article incorporating such an integrated circuit where the person performing or ordering such acts did not know and had no reasonable ground to know, when acquiring the integrated circuit or article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout-design.Members shall provide that, after the time that such person has received sufficient notice that the layout-design was unlawfully reproduced, he may perform any of the acts with respect to the stock on hand or ordered before such time, but shall be liable to pay to the right holder a sum equivalent to a reasonable royalty such as would be payable under a freely negotiated licence in respect of such a layout-design.
2.The conditions set out in sub-paragraphs（a）-（k）of Article 31 above shall apply mutatis mutandis in the event of any non-voluntary licensing of a layout-design or of its use by or for the government without the authorization of the right holder.
Article 38 Term of Protection
1.In Members requiring registration as a condition of protection, the term of protection of layout-designs shall not end before the expiration of a period of ten years counted from the date of filing an application for registration or from the first commercial exploitation wherever in the world it occurs.
2.In Members not requiring registration as a condition for protection, layout-designs shall be protected for a term of no less than ten years from the date of the first commercial exploitation wherever in the world it occurs.
3.Notwithstanding paragraphs 1 and 2 above, a Member may provide that protection shall lapse fifteen years after the creation of the layout-design.
第二篇 智慧財產權之有效性、範圍暨使用 7.未經公開資料之保護
1.In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention（1967）, Members shall protect undisclosed information in accordance with paragraph 2 below and data submitted to governments or governmental agencies in accordance with paragraph 3 below.
2.Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices10 so long as such information:
s secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;
as commercial value because it is secret; and
as been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.
3.Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use.In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.
第二篇 智慧財產權之有效性、範圍暨使用 8.與契約授權有關之反競爭行為之防制
2.會員得於立法時明定某些授權行為或條件係屬對相關市場之競爭產生負面影響之智慧財產權的濫用。依照上開規定，任何會員得在其國內相關之法律與規章中，採行與本協定其他 條款不相抵觸之適當方法，以防止或管制此等授權行為，例如：專屬性之回歸授權、禁止 對有效性異議之條件及強制性之包裹授權等。
3.任一被請求諮商之會員，在其他會員有理由相信屬於被請求諮商會員之擁有智慧財產權之國民或設有住所之人，就本節所規定之事項，實施違反請求諮商之會員之法律規章，而該 請求諮商之會員意欲確保其法規被遵守者，應於受請求時與之進行諮商；但此並不影響在 任何一方會員法律下所採取之行動及其為最終決定之充分自主權。受請求之會員應對是項 諮商予以充分而認真之考慮，並應提供適當之機會；其並應透過提供與系爭事項有關之可 公開獲得之非機密資料所及其可獲得之其他資料相互合作，但須受國內法律及請求之會員就防護資料之機密性與受請求之會員達成相互滿意之協議等條件之拘束。」
1.Members agree that some licensing practices or conditions pertaining to intellectual property rights which restrain competition may have adverse effects on trade and may impede the transfer and dissemination of technology.
2.Nothing in this Agreement shall prevent Members from specifying in their national legislation licensing practices or conditions that may in particular cases constitute an abuse of intellectual property rights having an adverse effect on competition in the relevant market.As provided above, a Member may adopt, consistently with the other provisions of this Agreement, appropriate measures to prevent or control such practices, which may include for example exclusive grantback conditions, conditions preventing challenges to validity and coercive package licensing, in the light of the relevant laws and regulations of that Member.
3.Each Member shall enter, upon request, into consultations with any other Member which has cause to believe that an intellectual property right owner that is a national or domiciliary of the Member to which the request for consultations has been addressed is undertaking practices in violation of the requesting Member's laws and regulations on the subject matter of this Section, and which wishes to secure compliance with such legislation, without prejudice to any action under the law and to the full freedom of an ultimate decision of either Member.The Member addressed shall accord full and sympathetic consideration to, and shall afford adequate opportunity for, consultations with the requesting Member, and shall co-operate through supply of publicly available non-confidential information of relevance to the matter in question and of other information available to the Member, subject to domestic law and to the conclusion of mutually satisfactory agreements concerning the safeguarding of its confidentiality by the requesting Member.
4.A Member whose nationals or domiciliaries are subject to proceedings in another Member concerning alleged violation of that other Member's laws and regulations on the subject matter of this Section shall, upon request, be granted an opportunity for consultations by the other Member under the same conditions as those foreseen in paragraph 3 above.
第三篇 智慧財產權之執行 1.一般義務
4.當事人應有權請求司法機關就其案件最終行政決定為審查，並至少在合於會員有關案件重 要性的管轄規定條件下，請求司法機關就初級司法實體判決之法律見解予以審查。但會員 並無義務就已宣判無罪之刑事案件提供再審查之機會。
1.Members shall ensure that enforcement procedures as specified in this Part are available under their national laws so as to permit effective action against any act of infringement of intellectual property rights covered by this Agreement, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements.These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
2.Procedures concerning the enforcement of intellectual property rights shall be fair and equitable.They shall not be unnecessarily complicated or costly, or entail unreasonable time- limits or unwarranted delays.
3.Decisions on the merits of a case shall preferably be in writing and reasoned.They shall be made available at least to the parties to the proceeding without undue delay.Decisions on the merits of a case shall be based only on evidence in respect of which parties were offered the opportunity to be heard.
4.Parties to a proceeding shall have an opportunity for review by a judicial authority of final administrative decisions and, subject to jurisdictional provisions in national laws concerning the importance of a case, of at least the legal aspects of initial judicial decisions on the merits of a case.However, there shall be no obligation to provide an opportunity for review of acquittals in criminal cases.
5.It is understood that this Part does not create any obligation to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of laws in general, nor does it affect the capacity of Members to enforce their laws in general.Nothing in this Part creates any obligation with respect to the distribution of resources as between enforcement of intellectual property rights and the enforcement of laws in general.
第三篇 智慧財產權之執行 2.民事與行政程序及救濟
會員應賦予權利人行使本協定所涵蓋之智慧財產權之民事訴訟程序之權利。被告有被及時以書面詳細告知其被告之理由及其他相關細節之權利。雙方當事人均得委任獨立之律師代理訴訟， 且訴訟程序於當事人必須親自到庭之相關規定上，不得使當事人增加無謂之負擔。訴訟當事人均應有權提出證據及陳述理由；訴訟程序於不違反憲法規定之原則下，應提供認定與保護秘密 資訊之措施。
Article 42 Fair and Equitable Procedures
Members shall make available to right holders11 civil judicial procedures concerning the enforcement of any intellectual property right covered by this Agreement.Defendants shall have the right to written notice which is timely and contains sufficient detail, including the basis of the claims.Parties shall be allowed to be represented by independent legal counsel, and procedures shall not impose overly burdensome requirements concerning mandatory personal appearances.All parties to such procedures shall be duly entitled to substantiate their claims and to present all relevant evidence.The procedure shall provide a means to identify and protect confidential information, unless this would be contrary to existing constitutional requirements.
Article 43 Evidence of Proof
1.The judicial authorities shall have the authority, where a party has presented reasonably available evidence sufficient to support its claims and has specified evidence relevant to substantiation of its claims which lies in the control of the opposing party, to order that this evidence be produced by the opposing party, subject in appropriate cases to conditions which ensure the protection of confidential information.
2.In cases in which a party to a proceeding voluntarily and without good reason refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes a procedure relating to an enforcement action, a Member may accord judicial authorities the authority to make preliminary and final determinations, affirmative or negative, on the basis of the information presented to them, including the complaint or the allegation presented by the party adversely affected by the denial of access to information, subject to providing the parties an opportunity to be heard on the allegations or evidence.
Article 44 Injunctions
1.The judicial authorities shall have the authority to order a party to desist from an infringement, inter alia to prevent the entry into the channels of commerce in their jurisdiction of imported goods that involve the infringement of an intellectual property right, immediately after customs clearance of such goods.Members are not obliged to accord such authority in respect of protected subject matter acquired or ordered by a person prior to knowing or having reasonable grounds to know that dealing in such subject matter would entail the infringement of an intellectual property right.
2.Notwithstanding the other provisions of this Part and provided that the provisions of Part II specifically addressing use by governments, or by third parties authorized by a government, without the authorization of the right holder are complied with, Members may limit the remedies available against such use to payment of remuneration in accordance with sub-paragraph（h）of Article 31 above.In other cases, the remedies under this Part shall apply or, where these remedies are inconsistent with national law, declaratory judgments and adequate compensation shall be available.
Article 45 Damages
1.The judicial authorities shall have the authority to order the infringer to pay the right holder damages adequate to compensate for the injury the right holder has suffered because of an infringement of his intellectual property right by an infringer who knew or had reasonable grounds to know that he was engaged in infringing activity.
2.The judicial authorities shall also have the authority to order the infringer to pay the right holder expenses, which may include appropriate attorney's fees.In appropriate cases, Members may authorize the judicial authorities to order recovery of profits and/or payment of pre- established damages even where the infringer did not know or had no reasonable grounds to know that he was engaged in infringing activity.
為有效遏阻侵害情事，司法機關對於經其認定為侵害智慧財產權之物品，應有權，在無任何形式之補償下，以避免對權利人造成任何損害之方式，命於商業管道外處分之，或在不違反其現行憲法之規定下，予以銷毀，司法機關對於主要用於製造侵害物品之原料與器具，亦應有權在 無任何形式之補償下，以將再為侵害之危險減至最低之方式，命於商業管道外處分之。在斟酌 前述請求時，侵害行為之嚴重性，所命之救濟方式及第三人利益間之比例原則應納入考量，關於商標仿冒品，除有特殊情形外，單純除去物品上之違法商標並不足以允許該物品進入於商業管道。
Article 46 Other Remedies
In order to create an effective deterrent to infringement, the judicial authorities shall have the authority to order that goods that they have found to be infringing be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder, or, unless this would be contrary to existing constitutional requirements, destroyed.The judicial authorities shall also have the authority to order that materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements.In considering such requests, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account.In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into the channels of commerce.
Article 47 Right of Information
Members may provide that the judicial authorities shall have the authority, unless this would be out of proportion to the seriousness of the infringement, to order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or services and of their channels of distribution.
Article 48 Indemnification of the Defendant
1.The judicial authorities shall have the authority to order a party at whose request measures were taken and who has abused enforcement procedures to provide to a party wrongfully enjoined or restrained adequate compensation for the injury suffered because of such abuse.The judicial authorities shall also have the authority to order the applicant to pay the defendant expenses, which may include appropriate attorney's fees.
2.In respect of the administration of any law pertaining to the protection or enforcement of intellectual property rights, Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith in the course of the administration of such laws.
Article 49 Administrative Procedures
To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles equivalent in substance to those set forth in this Section.
第三篇 智慧財產權之執行 3.暫時性措施
1.The judicial authorities shall have the authority to order prompt and effective provisional measures:
（a）to prevent an infringement of any intellectual property right from occurring, and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance;
（b）to preserve relevant evidence in regard to the alleged infringement.
2.The judicial authorities shall have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed.
3.The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that his right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse.
4.Where provisional measures have been adopted inaudita altera parte, the parties affected shall be given notice, without delay after the execution of the measures at the latest.A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed.
5.The applicant may be required to supply other information necessary for the identification of the goods concerned by the authority that will execute the provisional measures.
6.Without prejudice to paragraph 4 above, provisional measures taken on the basis of paragraphs 1 and 2 above shall, upon request by the defendant, be revoked or otherwise cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where national law so permits or, in the absence of such a determination, not to exceed twenty working days or thirty-one calendar days, whichever is the longer.
7.Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures.
8.To the extent that any provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set forth in this Section.
第三篇 智慧財產權之執行 4.與邊界措施有關之特殊規定
Article 51 Suspension of Release by Customs Authorities
Members shall, in conformity with the provisions set out below, adopt procedures13 to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods14 may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation of such goods.Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are met.Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.
Article 52 Application
Any right holder initiating the procedures under Article 51 above shall be required to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of his intellectual property right and to supply a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities.The competent authorities shall inform the applicant within a reasonable period whether they have accepted the application and, where determined by the competent authorities, the period for which the customs authorities will take action.
2.依據本節規定提出申請而由海關暫不放行之貨品，其內容涉及工業設計、專利、電路布局及未公開之資訊，海關係基於非司法或其他非獨立機關所作之決定而暫不予放行，且依第五十五條規定之期間已屆滿而未獲得法律授權給予暫時救濟措施，並符合其他有關進口之規定者，貨主、進口商或收貨人應有權於繳交足夠之保證金，以保護權利人免於受侵害後 ，要求該批貨物予以放行。保證金之繳納不得損及權利人之其他救濟措施，權利人未於合 理期間內行使訴訟時，保證金應發還。
Article 53 Security or Equivalent Assurance
1.The competent authorities shall have the authority to require an applicant to provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse.Such security or equivalent assurance shall not unreasonably deter recourse to these procedures.
2.Where pursuant to an application under this Section the release of goods involving industrial designs, patents, layout-designs or undisclosed information into free circulation has been suspended by customs authorities on the basis of a decision other than by a judicial or other independent authority, and the period provided for in Article 55 has expired without the granting of provisional relief by the duly empowered authority, and provided that all other conditions for importation have been complied with, the owner, importer, or consignee of such goods shall be entitled to their release on the posting of a security in an amount sufficient to protect the right holder for any infringement.Payment of such security shall not prejudice any other remedy available to the right holder, it being understood that the security shall be released if the right holder fails to pursue his right of action within a reasonable period of time.
Article 54 Notice of Suspension
The importer and the applicant shall be promptly notified of the suspension of the release of goods according to Article 51 above.
自申請人受暫不放行通知送達後十個工作日內，海關未被告知該案已由被告以外之一方已就該案之實體部分提起訴訟，或該案業經法律授權機關採取臨時措施予以延長留置期間，如該項物 品已符合其他進口或出口之規定者， 海關應予放行；在適當情況下，前述期間可再予延長十個 工作日。該案之實體部分已提起訴訟者，被告在審查中，於合理期間內，主管機關應有權命被 告陳述意見，以決定應否對該措施予以修改、撤銷或確認。但暫不放行措施係依暫時性之司法 措施執行或繼續執行時，應適用第五十條第六項之規定。
Article 55 Duration of Suspension
If, within a period not exceeding ten working days after the applicant has been served notice of the suspension, the customs authorities have not been informed that proceedings leading to a decision on the merits of the case have been initiated by a party other than the defendant, or that the duly empowered authority has taken provisional measures prolonging the suspension of the release of the goods, the goods shall be released, provided that all other conditions for importation or exportation have been complied with; in appropriate cases, this time-limit may be extended by another ten working days.If proceedings leading to a decision on the merits of the case have been initiated, a review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period, whether these measures shall be modified, revoked or confirmed.Notwithstanding the above, where the suspension of the release of goods is carried out or continued in accordance with a provisional judicial measure, the provisions of Article 50, paragraph 6 above shall apply.
Article 56 Indemnification of the Importer and of the Owner of the Goods
Relevant authorities shall have the authority to order the applicant to pay the importer, the consignee and the owner of the goods appropriate compensation for any injury caused to them through the wrongful detention of goods or through the detention of goods released pursuant to Article 55 above.
檢視權利及通知會員應授權主管機關，於不損及保護機密資料之情況下，給予權利人充分之機會，對海關所查扣之物品進行檢視，俾證實其指控。主管機關亦應有權給予進口商同等檢視物 品之機會。倘就案件實體部分已作成肯定之裁決時，會員得授權主管機關，將發貨人、進口商 及收貨人之姓名及地址，以及有關物品之數量通知權利人。
Article 57 Right of Inspection and Information
Without prejudice to the protection of confidential information, Members shall provide the competent authorities the authority to give the right holder sufficient opportunity to have any product detained by the customs authorities inspected in order to substantiate his claims.The competent authorities shall also have authority to give the importer an equivalent opportunity to have any such product inspected.Where a positive determination has been made on the merits of a case, Members may provide the competent authorities the authority to inform the right holder of the names and addresses of the consignor, the importer and the consignee and of the quantity of the goods in question.
Article 58 Ex Officio Action
Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired prima facie evidence that an intellectual property right is being infringed:
（a）the competent authorities may at any time seek from the right holder any information that may assist them to exercise these powers;
（b）the importer and the right holder shall be promptly notified of the suspension.Where the importer has lodged an appeal against the suspension with the competent authorities, the suspension shall be subject to the conditions, mutatis mutandis, set out at Article 55 above;
（c）Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith.
Article 59 Remedies
Without prejudice to other rights of action open to the right holder and subject to the right of the defendant to seek review by a judicial authority, competent authorities shall have the authority to order the destruction or disposal of infringing goods in accordance with the principles set out in Article 46 above.In regard to counterfeit trademark goods, the authorities shall not allow the re-exportation of the infringing goods in an unaltered state or subject them to a different customs procedure, other than in exceptional circumstances.
Article 60 De Minimis Imports
Members may exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments.
第三篇 智慧財產權之執行 5.刑事程序
Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale.Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity.In appropriate cases, remedies available shall also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence.Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale.
1.Members may require, as a condition of the acquisition or maintenance of the intellectual property rights provided for under Sections 2-6 of Part II of this Agreement, compliance with reasonable procedures and formalities.Such procedures and formalities shall be consistent with the provisions of this Agreement.
2.Where the acquisition of an intellectual property right is subject to the right being granted or registered, Members shall ensure that the procedures for grant or registration, subject to compliance with the substantive conditions for acquisition of the right, permit the granting or registration of the right within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection.
3.Article 4 of the Paris Convention（1967）shall apply mutatis mutandis to service marks.
4.Procedures concerning the acquisition or maintenance of intellectual property rights and, where the national law provides for such procedures, administrative revocation and inter partes procedures such as opposition, revocation and cancellation, shall be governed by the general principles set out in paragraphs 2 and 3 of Article 41.
5.Final administrative decisions in any of the procedures referred to under paragraph 4 above shall be subject to review by a judicial or quasi-judicial authority.However, there shall be no obligation to provide an opportunity for such review of decisions in cases of unsuccessful opposition or administrative revocation, provided that the grounds for such procedures can be the subject of invalidation procedures.
1.各會員所訂有效之法律、規則、最終司法判決及一般適用之行政決定等，凡與本協定實體 內容相關者（智慧財產權之有效性、範圍、取得、執行及防止濫用）， 均應以其官方語言 公告，但公告於實際上不可行時，應使其內容可以公開取得，以使各國政府及權利人對之 熟悉。任一會員與其他會員之政府或政府機構間所訂立與本協定實體內容有關之有效協定 ，亦應公告。
2.各會員均應將前項有關之法律、規則通知與貿易有關之智慧財產權理事會，俾使該理事會 審查本協定之執行。理事會在與世界智慧財產權組織就成立各項法律、規則之一般登記方 式諮商成功時，應儘可能減輕會員履行上述義務之負擔，並得決定免除會員將有關法律、 規則直接通知委員會之義務。委員會亦應考量本協定所為之各項通知義務係源自於巴黎公約（一九六七年）第六條之規定的關連性。
3.各會員因其他會員書面之要求，應提供第一項所列之各項資料。一會員如有理由相信智慧 財產權之某一特定司法判決或行政決定或雙邊協定等影響其在本協定之權益時，得以書面 要求取得或被告知前揭事項之詳細內容。
Article 63 Transparency
1.Laws and regulations, and final judicial decisions and administrative rulings of general application, made effective by any Member pertaining to the subject matter of this Agreement（the availability, scope, acquisition, enforcement and prevention of the abuse of intellectual property rights）shall be published, or where such publication is not practicable made publicly available, in a national language, in such a manner as to enable governments and right holders to become acquainted with them.Agreements concerning the subject matter of this Agreement which are in force between the government or a governmental agency of any Member and the government or a governmental agency of any other Member shall also be published.
2.Members shall notify the laws and regulations referred to in paragraph 1 above to the Council for Trade-Related Aspects of Intellectual Property Rights in order to assist that Council in its review of the operation of this Agreement.The Council shall attempt to minimize the burden on Members in carrying out this obligation and may decide to waive the obligation to notify such laws and regulations directly to the Council if consultations with the World Intellectual Property Organization on the establishment of a common register containing these laws and regulations are successful.The Council shall also consider in this connection any action required regarding notifications pursuant to the obligations under this Agreement stemming from the provisions of Article 6ter of the Paris Convention（1967）.
3.Each Member shall be prepared to supply, in response to a written request from another Member, information of the sort referred to in paragraph 1 above.A Member, having reason to believe that a specific judicial decision or administrative ruling or bilateral agreement in the area of intellectual property rights affects its rights under this Agreement, may also request in writing to be given access to or be informed in sufficient detail of such specific judicial decisions or administrative rulings or bilateral agreements.
4.Nothing in paragraphs 1 to 3 above shall require Members to disclose confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private.
3.前項期間內，與貿易有關之智慧財產權理事會應依本協定審理有關 GATT 1994第三十三條第一項（b）款與（c）款之控訴範圍暨型態，並將其建議送交部長級會議通過。無論通過該建議 或延長前項期間，部長級會議應以以共識決作決定；且通過之建議，其效力及於全體會員 ，不待其為進一步正式接受之程序。
Article 64 Dispute Settlement
1.The provisions of Articles XXII and XXIII of the General Agreement on Tariffs and Trade 1994 as elaborated and applied by the Understanding on Rules and Procedures Governing the Settlement of Disputes shall apply to consultations and the settlement of disputes under this Agreement except as otherwise specifically provided herein.
2.Sub-paragraphs XXIII:1（b）and XXIII:1（c）of the General Agreement on Tariffs and Trade 1994 shall not apply to the settlement of disputes under this Agreement for a period of five years from the entry into force of the Agreement establishing the World Trade Organization.
3.During the time period referred to in paragraph 2, the TRIPS Council shall examine the scope and modalities for Article XXIII:1（b）and Article XXIII:1（c）-type complaints made pursuant to this Agreement, and submit its recommendations to the Ministerial Conference for approval.Any decision of the Ministerial Conference to approve such recommendations or to extend the period in paragraph 2 shall be made only by consensus, and approved recommendations shall be effective for all Members without further formal acceptance process.
Article 65 Transitional Arrangements
1.Subject to the provisions of paragraphs 2, 3 and 4 below, no Member shall be obliged to apply the provisions of this Agreement before the expiry of a general period of one year following the date of entry into force of the Agreement Establishing the WTO.
2.Any developing country Member is entitled to delay for a further period of four years the date of application, as defined in paragraph 1 above, of the provisions of this Agreement other than Articles 3, 4 and 5 of Part I.
3.Any other Member which is in the process of transformation from a centrally- planned into a market, free-enterprise economy and which is undertaking structural reform of its intellectual property system and facing special problems in the preparation and implementation of intellectual property laws, may also benefit from a period of delay as foreseen in paragraph 2 above.
4.To the extent that a developing country Member is obliged by this Agreement to extend product patent protection to areas of technology not so protectable in its territory on the general date of application of this Agreement for that Member, as defined in paragraph 2 above, it may delay the application of the provisions on product patents of Section 5 of Part II of this Agreement to such areas of technology for an additional period of five years.
5.Any Member availing itself of a transitional period under paragraphs 1, 2, 3 or 4 above shall ensure that any changes in its domestic laws, regulations and practice made during that period do not result in a lesser degree of consistency with the provisions of this Agreement.
Article 66 Least-Developed Country Members
1.In view of their special needs and requirements, their economic, financial and administrative constraints, and their need for flexibility to create a viable technological base, least- developed country Members shall not be required to apply the provisions of this Agreement, other than Articles 3, 4 and 5, for a period of 10 years from the date of application as defined under paragraph 1 of Article 65 above.The Council shall, upon duly motivated request by a least-developed country Member, accord extensions of this period.
2.Developed country Members shall provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country Members in order to enable them to create a sound and viable technological base.
Article 67 Technical Cooperation
In order to facilitate the implementation of this Agreement, developed country Members shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation in favour of developing and least-developed country Members.Such cooperation shall include assistance in the preparation of domestic legislation on the protection and enforcement of intellectual property rights as well as on the prevention of their abuse, and shall include support regarding the establishment or reinforcement of domestic offices and agencies relevant to these matters, including the training of personnel.
理事會TRIPS理事會應監督本協定之實行，尤其是監督會員是否遵行其義務，其並應提供會員 就TRIPS事務之諮商之機會。該理事會亦應完成會員指定之責任，尤其應提供會員依爭端解決 程序所請求之協助。理事會為執行其職責得參考並蒐集其認為適當之資料。為與世界智慧財產 權組織進行諮商，理事會應於第一次會議舉行後一年內建立與該組織合作的適當安排。
Article 68 Council for Trade-Related Aspects of Intellectual Property Rights
The Council for Trade-Related Aspects of Intellectual Property Rights shall monitor the operation of this Agreement and, in particular, Members' compliance with their obligations hereunder, and shall afford Members the opportunity of consulting on matters relating to the trade-related aspects of intellectual property rights.It shall carry out such other responsibilities as assigned to it by the Members, and it shall, in particular, provide any assistance requested by them in the context of dispute settlement procedures.In carrying out its functions, the Council may consult with and seek information from any source it deems appropriate.In consultation with the World Intellectual Property Organization, the Council shall seek to establish, within one year of its first meeting, appropriate arrangements for cooperation with bodies of that Organization.
國際合作所有會員同意相互合作以消弭侵害智慧財產權物品之國際貿易。為此，各會員應建立 並通知其行政體系內之連繫單位，並就違法物品之貿易交換資料。各會員尤應對仿冒商標及侵 害著作權之物品之交易加強各國海關當局之資訊交換及相互合作。
Article 69 International Cooperation
Members agree to cooperate with each other with a view to eliminating international trade in goods infringing intellectual property rights.For this purpose, they shall establish and notify contact points in their national administrations and be ready to exchange information on trade in infringing goods.They shall, in particular, promote the exchange of information and cooperation between customs authorities with regard to trade in counterfeit trademark goods and pirated copyright goods.
2.除本協定另有規定外，本協定對於會員適用本協定之日已存在且已受會員保護或日後符合保護要件之標的，亦適用之。本項及第三項、第四項關於現存著作之著作權保護應完全依據（一九七一年）伯恩公約第十八條規定決定之； 關於錄音物製作人及表演人之權利應完 全依本協定第十四條第六項規定適用（一九七一年）伯恩公約第十八條規定決定之。
4.與含有受保護之特定產品有關之各種行為， 違反符合本協定之國內法規，且係在該會員未接受WTO協定前業已開始或已大量投資者，任一會員對權利人之救濟方式得予以限制，俾使前述行為於該會員適用WTO協定後得繼續為之。但會員至少應規定權利人得獲得合理之 補償金。
Article 70 Protection of Existing Subject Matter
1.This Agreement does not give rise to obligations in respect of acts which occurred before the date of application of the Agreement for the Member in question.
2.Except as otherwise provided for in this Agreement, this Agreement gives rise to obligations in respect of all subject matter existing at the date of application of this Agreement for the Member in question, and which is protected in that Member on the said date, or which meets or comes subsequently to meet the criteria for protection under the terms of this Agreement.In respect of this paragraph and paragraphs 3 and 4 below, copyright obligations with respect to existing works shall be solely determined under Article 18 of the Berne Convention（1971）, and obligations with respect to the rights of producers of phonograms and performers in existing phonograms shall be determined solely under Article 18 of the Berne Convention（1971）as made applicable under paragraph 6 of Article 14 of this Agreement.
3.There shall be no obligation to restore protection to subject matter which on the date of application of this Agreement for the Member in question has fallen into the public domain.
4.In respect of any acts in respect of specific objects embodying protected subject matter which become infringing under the terms of legislation in conformity with this Agreement, and which were commenced, or in respect of which a significant investment was made, before the date of acceptance of the Agreement Establishing the WTO by that Member, any Member may provide for a limitation of the remedies available to the right holder as to the continued performance of such acts after the date of application of the Agreement for that Member.In such cases the Member shall, however, at least provide for the payment of equitable remuneration.
5.A Member is not obliged to apply the provisions of Article 11 and of paragraph 4 of Article 14 with respect to originals or copies purchased prior to the date of application of this Agreement for that Member.
6.Members shall not be required to apply Article 31, or the requirement in paragraph 1 of Article 27 that patent rights shall be enjoyable without discrimination as to the field of technology, to use without the authorization of the right holder where authorization for such use was granted by the government before the date this Agreement became known.
7.In the case of intellectual property rights for which protection is conditional upon registration, applications for protection which are pending on the date of application of this Agreement for the Member in question shall be permitted to be amended to claim any enhanced protection provided under the provisions of this Agreement.Such amendments shall not include new matter.
8.Where a Member does not make available as of the date of entry into force of the Agreement Establishing the WTO patent protection for pharmaceutical and agricultural chemical products commensurate with its obligations under Article 27, that Member shall:
（i）notwithstanding the provisions of Part VI above, provide as from the date of entry into force of the Agreement Establishing the WTO a means by which applications for patents for such inventions can be filed;
（ii）apply to these applications, as of the date of application of this Agreement, the criteria for patentability as laid down in this Agreement as if those criteria were being applied on the date of filing in that Member or, where priority is available and claimed, the priority date of the application;
（iii）provide patent protection in accordance with this Agreement as from the grant of the patent and for the remainder of the patent term, counted from the filing date in accordance with Article 33 of this Agreement, for those of these applications that meet the criteria for protection referred to in sub-paragraph（ii）above.
9.Where a product is the subject of a patent application in a Member in accordance with paragraph 8（i）above, exclusive marketing rights shall be granted, notwithstanding the provisions of Part VI above, for a period of five years after obtaining market approval in that Member or until a product patent is granted or rejected in that Member, whichever period is shorter, provided that, subsequent to the entry into force of the Agreement Establishing the WTO, a patent application has been filed and a patent granted for that product in another Member and marketing approval obtained in such other Member.
2.修正內容僅於為調適達到其他多邊協定所採行之較高層次之智慧財產權保護目的，並為世 界貿易組織所有會員所接受者，得由與貿易有關之智慧財產權理事會於共識決後提議由部 長級會議依第十條第六項執行之。
Article 71 Review and Amendment
1.The Council for Trade-Related Aspects of Intellectual Property Rights shall review the implementation of this Agreement after the expiration of the transitional period referred to in paragraph 2 of Article 65 above.The Council shall, having regard to the experience gained in its implementation, review it two years after that date, and at identical intervals thereafter.The Council may also undertake reviews in the light of any relevant new developments which might warrant modification or amendment of this Agreement.
2.Amendments merely serving the purpose of adjusting to higher levels of protection of intellectual property rights achieved, and in force, in other multilateral agreements and accepted under those agreements by all Members of the WTO may be referred to the Ministerial Conference for action in accordance with Article X, paragraph 6, of the Agreement Establishing the WTO on the basis of a consensus proposal from the Council for Trade-Related Aspects of Intellectual Property Rights.
第72條 保 留
Article 72 Reservations
Reservations may not be entered in respect of any of the provisions of this Agreement without the consent of the other Members.
本協定內各條款不得被詮釋為： 要求任一會員提供其認為公開後有違其基本安全利益之資料；或就下列事項阻止任一會員採取 任何其認為對其基本安全利益有必要之保護行為，例如：
Article 73 Security Exceptions
Nothing in this Agreement shall be construed:
（a）to require any Member to furnish any information the disclosure of which it considers contrary to its essential security interests; or
（b）to prevent any Member from taking any action which it considers necessary for the protection of its essential security interests;
（i）relating to fissionable materials or the materials from which they are derived;
（ii）relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
（iii）taken in time of war or other emergency in international relations; or
（c）to prevent any Member from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
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 Organisations, 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.
3.For the purposes of Articles 3 and 4 of this Agreement, 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.
4.Notwithstanding the first sentence of Article 42, Members may, with respect to these obligations, instead provide for enforcement by administrative action.
5.For the purposes of this Article, the terms "inventive step" and "capable of industrial application" may be deemed by a Member to be synonymous with the terms "non-obvious" and "useful" respectively.
6.This right, like all other rights conferred under this Agreement in respect of the use, sale, importation or other distribution of goods, is subject to the provisions of Article 6 above.
7."Other use" refers to use other than that allowed under Article 30.
8.It is understood that those Members which do not have a system of original grant may provide that the term of protection shall be computed from the filing date in the system of original grant.
9.The term "right holder" in this Section shall be understood as having the same meaning as the term "holder of the right" in the IPIC Treaty.
10.For the purpose of this provision, "a manner contrary to honest commercial practices" shall mean at least practices such as breach of contract, breach of confidence and inducement to breach, and includes the acquisition of undisclosed information by third parties who knew, or were grossly negligent in failing to know, that such practices were involved in the acquisition.
11.For the purpose of this Part, the term "right holder" includes federations and associations having legal standing to assert such rights.
12.Where a Member has dismantled substantially all controls over movement of goods across its border with another Member with which it forms part of a customs union, it shall not be required to apply the provisions of this Section at that border.
13.It is understood that there shall be no obligation to apply such procedures to imports of goods put on the market in another country by or with the consent of the right holder, or to goods in transit.
14.For the purposes of this Agreement:
- counterfeit trademark goods shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation;
- pirated copyright goods shall mean any goods which are copies made without the consent of the right holder or person duly authorized by him in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation.