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       AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY
              RIGHTS, INCLUDING TRADE IN COUNTERFEIT GOODS



                            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
           2.    Trademarks
           3.    Geographical Indications
           4.    Industrial Designs
           5.    Patents
           6.    Layout-Designs (Topographies) of Integrated Circuits
           7.    Protection of Undisclosed Information
           8.    Control of Anti-Competitive Practices in Contractual
Licences


Part III:  Enforcement of Intellectual Property Rights

           1.    General Obligations
           2.    Civil and Administrative Procedures and Remedies
           3.    Provisional Measures
           4.    Special Requirements Related to Border Measures
           5.    Criminal Procedures


Part IV:   Acquisition and Maintenance of Intellectual Property Rights and
           Related Inter-Partes Procedures


Part V:    Dispute Prevention and Settlement


Part VI:   Transitional Arrangements


Part VII:  Institutional Arrangements;  Final Provisions

      AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY
              RIGHTS, INCLUDING TRADE IN COUNTERFEIT GOODS


Members,

      Desiring to reduce distortions and impediments to international trade,
and taking into account the need to promote effective and adequate
protection of intellectual property rights, and to ensure that measures and
procedures to enforce intellectual property rights do not themselves become
barriers to legitimate trade;

      Recognizing, to this end, the need for new rules and disciplines
concerning:

      (a)  the applicability of the basic principles of 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
MTO and the World Intellectual Property Organization (WIPO) as well as other
relevant international organisations;

      Hereby agree as follows:






            PART I:  GENERAL PROVISIONS AND BASIC PRINCIPLES

                                Article 1
                     Nature and Scope of Obligations

1.    Members shall give effect to the provisions of this Agreement.
Members may, but shall not be obliged to, implement in their 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 MTO members of those
conventions.[2]  Any Member availing itself of the possibilities provided in
paragraph 3 of Article 5 or paragraph 2 of Article 6 of the Rome Convention
shall make a notification as foreseen in those provisions to the Council for
Trade-Related Aspects of Intellectual Property Rights.


                                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.


                                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 protection[3] 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 MTO, 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.


                                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.



         PART II:  STANDARDS CONCERNING THE AVAILABILITY, SCOPE
                 AND USE OF INTELLECTUAL PROPERTY RIGHTS

                SECTION 1:  COPYRIGHT AND RELATED RIGHTS

                                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.


                               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.


                         SECTION 2:  TRADEMARKS

                               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.


                               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.


                  SECTION 3:  GEOGRAPHICAL INDICATIONS

                               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.


                               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 MTO.  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 MTO.

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 MTO.

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.


                     SECTION 4:  INDUSTRIAL DESIGNS

                               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.


                           SECTION 5:  PATENTS

                               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 MTO.


                               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 importing[6] 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.


                               Article 31
           Other Use Without Authorization of the Right Holder

      Where the law of a Member allows for other use[7] 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.


    SECTION 6:  LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS

                               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.


                               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.


           SECTION 7:  PROTECTION OF UNDISCLOSED INFORMATION

                               Article 39

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 practices[10] so long as such information:

-     is 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;

-     has commercial value because it is secret;  and

-     has 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.

           SECTION 8:  CONTROL OF ANTI-COMPETITIVE PRACTICES
                         IN CONTRACTUAL LICENCES

                               Article 40

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.


         PART III:  ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

                     SECTION 1:  GENERAL OBLIGATIONS

                               Article 41

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.


      SECTION 2:  CIVIL AND ADMINISTRATIVE PROCEDURES AND REMEDIES

                               Article 42
                      Fair and Equitable Procedures

      Members shall make available to right holders[11] 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.


                               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.


                    SECTION 3:  PROVISIONAL MEASURES

                               Article 50

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.

     SECTION 4:  SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES[12]

                               Article 51
              Suspension of Release by Customs Authorities

      Members shall, in conformity with the provisions set out below, adopt
procedures[13] to enable a right holder, who has valid grounds for
suspecting that the importation of counterfeit trademark or pirated
copyright goods[14] 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.


                               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.


                               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.


                               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.


                     SECTION 5:  CRIMINAL PROCEDURES

                               Article 61

      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.



     PART IV:  ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY
               RIGHTS AND RELATED INTER-PARTES PROCEDURES

                               Article 62

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.



               PART V:  DISPUTE PREVENTION AND SETTLEMENT

                               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.


                               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 Multilateral 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.

                   PART VI:  TRANSITIONAL ARRANGEMENTS

                               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 MTO.

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.



        PART VII:  INSTITUTIONAL ARRANGEMENTS;  FINAL PROVISIONS

                               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.


                               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.


                               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 MTO 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 MTO 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
           MTO 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 MTO, a patent application has been filed and a patent
granted for that product in another Member and marketing approval obtained
in such other Member.


                               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 MTO may be referred to the Ministerial Conference for action in
accordance with Article X, paragraph 6, of the Agreement Establishing the
MTO on the basis of a consensus proposal from the Council for Trade-Related
Aspects of Intellectual Property Rights.


                               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.

                               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 MTO, 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.