Trips Agreement Article 3
The obligations under Articles 3 and 4 do not apply to procedures under WIPO-led multilateral agreements on the acquisition or maintenance of intellectual property rights. (d) international intellectual property protection agreements that came into force prior to the ENTRY into force of the WTO agreement, provided that these agreements are notified to the Travel Council and do not constitute arbitrary or unjustified discrimination against nationals of other members. (a) arising from international agreements on mutual legal assistance or general criminal prosecutions and which are not particularly limited to the protection of intellectual property; With regard to the protection of intellectual property, all benefits, benefits, privileges or immunities granted by one member to nationals of another country are granted without delay and without conditions to the nationals of all other members. All benefits, benefits, privileges or immunities granted by a member are excluded from this obligation: 1. Members may, when formulating or amending their laws and regulations, take the necessary measures to protect public health and food and promote the public interest in sectors essential to their socio-economic and technological development, provided that these measures are in accordance with the provisions of this agreement. For the purposes of dispute resolution under this agreement, and subject to Articles 3 and 4, this agreement is not used to address the issue of the depletion of intellectual property rights. 3. Members grant the treatment of other members to nationals of other members under this agreement. 1.
With regard to relevant intellectual property law, nationals of other members are considered to be natural or legal persons who would meet the protection criteria provided by the Paris Convention (1967), the Bern Convention (1971), the Rome Convention and the Intellectual Property Treaty, taking into account the integrated channels, all WTO members. 2. Any member who makes use of the possibilities provided for in Article 5, paragraph 3, or Article 6, paragraph 2, of the Rome Convention, notifies the Council on Intellectual Property Rights relating to trade (The TRIPS Council). 1. Members are implementing the provisions of this agreement. Members may, but are not required to, implement in their legislation a broader protection than is provided by this agreement, unless that protection is contrary to the provisions of the agreement. Members are free to define the appropriate method for implementing the provisions of this agreement in their own legal and practical order.