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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 GATT 1994 and of
relevant international intellectual property agreements
or conventions;
(b) the
provision of adequate standards and principles concerning
the availability, scope and use of trade-related
intellectual property rights;
(c) the
provision of effective and appropriate means for the
enforcement of trade-related intellectual property
rights, taking into account differences in national legal
systems;
(d)
the provision of effective and expeditious procedures for
the multilateral prevention and settlement of disputes
between governments; and
(e) transitional
arrangements aiming at the fullest participation in the
results of the negotiations;
Recognizing
the need for a multilateral framework of principles,
rules and disciplines dealing with international trade in
counterfeit goods;
Recognizing
that intellectual property rights are private rights;
Recognizing
the underlying public policy objectives of national
systems for the protection of intellectual property,
including developmental and technological objectives;
Recognizing
also the special needs of the least-developed country
Members in respect of maximum flexibility in the domestic
implementation of laws and regulations in order to enable
them to create a sound and viable technological base;
Emphasizing
the importance of reducing tensions by reaching
strengthened commitments to resolve disputes on
trade-related intellectual property issues through
multilateral procedures;
Desiring
to establish a mutually supportive relationship between
the WTO and the World Intellectual Property Organization
(referred to in this Agreement as “WIPO”) as
well as other relevant international organizations;
Hereby agree
as follows:
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