WTO | legal texts

Paris Convention (1967) (PC): see trademarks (Paris Convention (1967) (PC)); TRIPS Agreement, intellectual property conventions and, Paris Convention (1967), incorporation (TRIPS 2.1)

patents (TRIPS)

authorization of use in absence of authorization of right holder (TRIPS 31)

anti-competitive practice and (TRIPS 31(k))

assignment, exclusion (TRIPS 31(e))

attempts to obtain authorization, need for (TRIPS 31(b))

circumstances of extreme urgency and

national emergency and

public non-commercial use and

consideration on individual merits (TRIPS 31(a))

in domestic market (TRIPS 31(f))

exploitation of second patent and (TRIPS 31(l))

judicial or other independent review

by distinct higher authority (TRIPS 31(I) and (j))

of decision (TRIPS 31(i))

of remuneration (TRIPS 31(j))

non-exclusive use requirement (TRIPS 31(d))

prompt notification of right holder, need for (TRIPS 31(b))

remuneration taking into account economic value, need for (TRIPS 31(h))

judicial or other independent review (TRIPS 31(j))

as sole remedy (TRIPS 44.2)

scope and duration (TRIPS 31(c))

semi-conductor technology and (TRIPS 31(c))

termination in absence of circumstances leading to authorization (TRIPS 31(g))

legitimate interest of authorized persons and

review of continuations of circumstances

use granted before date of TRIPS Agreement became known (TRIPS 70.6)

burden of proof (process patents) (TRIPS 34)

“deemed to have been obtained by the patented process”

new product obtained by patented process (TRIPS 34.1(a))

“substantial likelihood”/failure despite reasonable efforts to determine process used (TRIPS 34.1(b))

legitimate interests of defendant and (TRIPS 34.3)

right of judicial authorities to order proof of difference in process (TRIPS 34.1)

conditions/requirements for application (TRIPS 29)

disclosure of invention and best mode for carrying out (TRIPS 29.1)

information concerning corresponding foreign applications and grants (TRIPS 29.2)

developing countries, right to delay application (TRIPS 65.4)

exceptions (TRIPS 30)

legitimate interests of third party and

“normal exploitation” by owner and

exclusions

diagnostic, therapeutic and surgical methods for treatment of humans or animals (TRIPS 27.3(a))

ordre public or morality and (TRIPS 27.2)

plants and animals other than micro-organisms/biological process (TRIPS 27.3(b))

review

protection of human, animal or plant life or health and (TRIPS 27.2)

serious prejudice to the environment and (TRIPS 27.2)

exclusive rights (TRIPS 28)

patentable subject matter (TRIPS 27)

“capable of industrial application” / “useful” (footnote 5)

“discrimination” (TRIPS 27.1)

applicability to acts before date of TRIPS agreement became known (TRIPS 70.6)

“inventive step” / “non-obvious” (footnote 5)

revocation/forfeiture, opportunity for judicial review (TRIPS 32)

rights

patented process and (TRIPS 28.1(b))

burden of proof (TRIPS 34)

patented product and (TRIPS 28.1(a))

term of protection (TRIPS 33)

payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)): see also determination of dumping (GATT VI/AD 2), calculation of administrative, selling and general costs and profits (AD 2.2.2); subsidy, prohibited (SCM, Part II), “contingent upon export performance” (SCM 3.1(a) and Illustrative list (item (a)))

Permanent Group of Experts (PGE) (SCM 24.3): see also Committee on Subsidies and Countervailing Measures (SCM Committee) (SCM 24)

advisory opinion, right to request

Member (SCM 24.4)

panel’s right to request assistance (SCM 4.5)

opportunity to Member to demonstrate status of subsidy

PGE conclusions, binding nature

review of evidence