WT/ACC/22/Add.2  
 
1 August 2014  
(14-4486)  Page: 1/21  
   
 
ACCESSION TO THE WORLD TRADE ORGANIZATION 
PROCEDURES FOR NEGOTIATIONS UNDER ARTICLE XII 
TEMPLATES FOR ACCESSION NEGOTIATING INPUTS IN THE AREAS OF SPS, TBT, IPRs AND 
INDUSTRIAL POLICY, INCLUDING SUBSIDIES 
Note by the Secretariat1 
Addendum 
 
 
 
   
 
   
 
 
                                               
1 This document revises, replaces and co mplements documents WT/ACC/8 and WT/ACC/9 of 
15 November 1999.  Specifically, it supplements the original document with information, which takes into account the evolution of accession practices.  It also incorporates a number of editorial changes and technical 
corrections.   This document has been prepared in consultation with WTO Members but 
is without prejudice to the positions of WTO Members and to their rights to 
request additional data and documentation, which they may deem 
necessary, in the course of the WTO accession process. WT/ACC/22/Add.2 
 
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  TABLE OF CONTENTS 
I.  CHECKLIST OF ILLUSTRATIVE SPS ISSUES FOR CONSIDERATION IN 
ACCESSIONS ....................................................................................................... 3  
II.  CHECKLIST OF ILLUSTRATIVE TBT ISSUES FOR CONSIDERATION IN 
ACCESSIONS ....................................................................................................... 5  
III.  IMPLEMENTATION OF THE WTO AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) ........................................................ 7
 
IV.  DRAFT NOTIFICATION PURSUANT TO ARTICLE 25 OF THE AGREEMENT ON 
SUBSIDIES AND COUNTERVAILING MEASURES AND UNDER ARTICLE XVI OF THE 
GATT 1994 ........................................................................................................ 20  
 WT/ACC/22/Add.2 
 
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  I. Checklist of Illustrative SPS Issues for Consideration in Accessions  
Commitments (by the time of  accession) WTO Reference 
1. Standstill: the introduction of new standards, 
animal health regulations and food safety regulations shall conform to SPS Agreement principles. 1. Generally agreed principle in WTO accession 
negotiations. 
2. Establishment and operation of a single Contact 
Point for Information ("enquiry point"). 2. Article 7 and Annex B.3. 
3. Transparency: notification and access to 
documentation: 3. Article 7 and Annex B, also G/SPS/7. 
 (a) identification of authority responsible for 
making notifications to the WTO and ensuring transparency obligations are met on an ongoing basis;  (a) Annex B.5(b) and Annex B.10. 
 (b) establish guidance or law requiring 
publication of proposed measures at an early stage for comment;  (b) Annex B.5(a). 
 (c) provision in law or administrative procedure 
to provide copies of proposed measures to Members; and  (c) Annex B.5(c). 
 (d) require in law or administrative procedure, 
a reasonable period of time for comment from Members and the public, and establishment of a process to take comments into account without discrimination.  (d) Annex B.5(d). 
4. Necessity: measures are applied only to the 
extent necessary to protect human, animal or plant health. 4. Article 2.2. 
5. Regulations Based on Science: regulations 
governing animal and plant health and food safety shall be based on scientific evidence. 5. Articles 2.2, 3.3 and 5.2. 
6. Harmonization: to the extent possible, members 
shall follow international standards, guidelines, and recommendations in  establishing SPS 
measures. 6. Article 3.1, 3.3 and 3.4. 
7. Equivalence: Members shall recognize different 
measures that achieve the same level of protection. 7. Article 4. 
8. Risk Assessment: developing scientific evidence 
and conducting risk assessments to ensure that measures are based on sc ience and applied only 
to the extent necessary to protect health. 8. Article 5.1, 5.2 and 5.3. 
9. Regional conditions: measures take into account 
the regional characteristics both of the areas from which products originate and the areas for which they are destined. 9. Article 6 and Annexes A.6 and A.7. WT/ACC/22/Add.2 
 
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  Commitments (by the time of  accession) WTO Reference 
10. Non-discrimination:  measures do not arbitrarily 
or unjustifiably discriminate between different Members or between domestic and foreign suppliers. 10. Article 2.3, and Annex C.1(a) and (d). 
11. Control, inspection and approval procedures: 
ensure that procedures, including systems for approval of the use of additives or for establishing tolerances for contaminants in foods, beverages or feedstuffs comply with the Agreement. 11. Article 8 and Annex C. 
 
 
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 WT/ACC/22/Add.2 
 
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  II. Checklist of Illustrative TBT Issues for Consideration in Accessions 
Commitments (by the time of  accession) WTO Reference 
1. Standstill: the introduction of new standards, 
technical regulations and conformity assessment procedures should be fully compatible with the TBT Agreement 1. Generally agreed principle in WTO accession 
negotiations 
2. Submission of Statement on Implementation 2. Article 15.2 and TBT Committee Decision: 
G/TBT/1 
3. Establishment and operation of a single Contact 
Point for Information ("inquiry point") 3. Article 10 
4. Identification of authority responsible for 
notifications, publications and other internal procedures to ensure transparency obligations are met on an ongoing basis: 4. Articles 2, 3, 5, 7, 10, 15.2, Annex 3 and 
G/TBT/1 
 (a) identification of publication where notices of 
proposed technical regulations and conformity assessment procedures will appear;  (a) Articles 2.9.1, 3.1, 5.6.1, 7.1 and 10.1.5 
 (b) identification of authority responsible for 
making notifications to the WTO;  (b) Articles 2.9.2, 2.10.1, 3.2, 3.3, 5.6.2, 
5.7.1, 7.2, 7.3, 10.7 and 10.10 
 (c) guidance/law to ensure regulatory 
authorities afford non-discriminatory consideration of comments in the preparation of a final regulation;  (c) Articles 2.9.4, 2.10.3, 3.1, 3.3, 5.6.4, 
5.7.3, 7.1 and 7.3 
 (d) guidance/law to ensure regulatory 
authorities allow a re asonable period of 
time between the final publication of a technical regulation and conformity assessment procedure and its entry into force so that suppliers can adapt;  (d) Articles 2.11, 2.12, 3.1, 5.8, 5.9 and 7.1 
 (e) publication and notification of work 
programme for standards and non-governmental conformity assessment procedures, including pu blication of notices 
of draft standards and an opportunity for public comment.  (e) Article 4, Annex 3 (J, K, L, N, O), and  
Article 8.1 
5. Development and Application of Technical 
Regulations and Conformity Assessment Procedures: Existence of legal and/or administrative underpinnings (or "reasonable measures" as appropriate) to ensure ongoing compliance with provisions of the agreement concerning, in particular: 5. Articles 2, 3, 5, 6 and 7 
 (a) non-discrimination with respect to the 
treatment of products;  (a) Articles 2.1, 3.1, 5.1, 5.2 and 7.1 
 (b) the prohibition of unnecessary obstacles to 
international trade and the consideration of less trade-restrictive alternatives to fulfilling legitimate objectives;  (b) Articles 2.2, 3.1, 5.1, 5.2 and 7.1 WT/ACC/22/Add.2 
 
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  Commitments (by the time of  accession) WTO Reference 
 (c) the ongoing review of technical regulations 
to ensure they are appropriate to achieve the desired legitimate objective;  (c) Articles 2.3, 3.1 and 7.1 
 (d) the consideration of appropriate 
international standards, guides and recommendations as a basis for technical regulations and conformity assessment procedures;  (d) Articles 2.4, 3.1, 5.4 and 7.1 
 (e) the consideration of equivalent technical 
regulations of other Members;  (e) Articles 2.7, 3.1 and 7.1 
 (f) the acceptance of the results of conformity 
assessment procedures conducted by bodies in an exporting Member country;  (f) Articles 6 and 7.1 
 (g) non-discriminatory and cost-based fee 
structure.  (g) Articles 5.2, 7.1 and 10.4 
6. Development and Application of Standards and 
Conformity Assessment Procedures: Existence of legal and/or administrative underpinnings (or "reasonable measures" as appropriate) to ensure ongoing compliance with provisions of the agreement concerning, in particular: 6. Article 4 and Annex 3, Article 8 
 (a) non-discrimination with respect to the 
treatment of products;  (a) Annex 3.D. and Article 8.1 
 (b) the prohibition of unnecessary obstacles to 
international trade;  (b) Annex 3.E. and Article 8.1 
 (c) the consideration of appropriate 
international standards, guides and recommendations as a basis for standards;  (c) Annex 3.F. and Article 8.1 
 (d) non-discriminatory and cost-based fee 
structure.  (d) Annex 3.M. and 3.P., Articles 8.1 and 10.4 
 
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 WT/ACC/22/Add.2 
 
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  III. Implementation of the WTO Agreement on Trade-Related Aspe cts of Intellectual 
Property Rights (TRIPS) 
TRIPS Agreement Country 
General principles  
For the purposes of the TR IPS Agreement, the term 
"intellectual property" refers to all categories of intellectual property (IP) that are the subject of Sections 1 through 7 of Part  II of the Agreement.  
TRIPS Article 1.2.   
Members 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 of IP, subject to the exceptions provided in the Paris, Berne and Rome Conventions, and the IPIC Treaty. For performers, producers of phonograms and broadcasting organizations, this only applies to rights provided under TRIPS. Certain exceptions under Berne and Rome are subject to notification. Exceptions should not be inconsistent with the provisions of TRIPS and not be applied in a manner constituting a disguised restriction on trade. "Protection" includes matters affecting the availability, acquisition, scope, maintenance and enforcement of IP rights as well as those matters affecting the use of IP rights specifically addressed in TRIPS.  TRIPS Article 3.   
Most favoured nation (MFN) principle: with regard to 
the protection of IP, 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, subject to four express exemptions. The scope of 'protection' is that as defined for Article 3. TRIPS Article 4.   
National treatment and MFN principles do not apply to 
procedures provided in WIPO agreements relating to the acquisition or maintenance of IP rights.   TRIPS Article 5.  
Aspects of exhaustion of IP rights may be subject to 
the provisions of Article 3 (national treatment) and Article 4 (MFN).  TRIPS Article 6.   
Paris Convention standards on industrial 
property  
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for th e Protection of Industrial 
Property ("Paris Convention") in respect of Parts II, III, and IV of the TRIPS Agreement. TRIPS Article 2. 
The following items specify these Paris Convention 
standards in detail in the context of TRIPS (no reference is made to obligations separately undertaken by countries as Parties to the Paris Convention and members of the Paris Union).  
Industrial property has as its object patents, utility 
models, industrial design s, trademarks, service 
marks, trade names, indications of source or appellations of origin, and the repression of unfair competition. Paris Convention Article 1(2).   WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
Nationals of Members are to enjoy in all other 
Members the advantages that their respective laws grant to nationals, and shall have the same protection and the same legal remedy against any infringement of their rights if they conform to the conditions and formalities imposed upon those Members' nationals.  Paris Convention, Article 2  (note also Article 3 of TRIPS Agreement)  
Nationals of non-Member countries who are domiciled 
or who have "real and effective" industrial or commercial establishments in a Member shall be treated as nationals of a Member. Paris Convention, Article 3.  
An application for a patent, fo r registration of a utility 
model, an industrial design , or a trademark that is 
equivalent to a regular national filing under the domestic legislation of a Member shall give rise to a right of priority for the purposes of filing in the other Members. The periods of prio rity are to be 12 months 
for patents and utility mo dels, and 6 months for 
industrial designs and trademarks; further details are stipulated.  Paris Convention, Article 4. 
These provisions apply also to service marks.  
TRIPS Article 62.  
Patents obtained for the same invention in various 
Members are independent of each other. Paris Convention, Article 4 bis.  
Inventors have the right to be named as such in the 
patent.  Paris Convention, Article 4 ter.  
Restrictions or limitations on the sale of a patented 
product or a product produc ed by a patented process 
cannot be the grounds for refusing or invalidating that patent.  Paris Convention, Article 4 quater.   
Importation of a patented product manufactured in a 
Member cannot be the basis of forfeiture of the patent.  Paris Convention, Article 5.A(1).  
Compulsory licensing is authorized as a means to 
prevent abuses, such as the failure to work, but a patent may not be forfeit ed unless the grant of a 
compulsory license would not be sufficient to prevent the abuse.  Proceedings for forfeiture or revocation cannot be instituted until two years after the grant of the first compulsory license. Paris Convention, Article 5.A(2) and (3).  
An application for a compulsory license for failure to 
work cannot be made until four years have passed 
since the patent application was filed, or three years from date of grant and no compulsory license is to be granted if the patentee justifies the failure to work by legitimate reasons.  Licenses  are to be non-exclusive, 
and may not be transferred except with the enterprise or goodwill that exploits the license.  Paris Convention, Article 5.A(4).  
Industrial designs cannot be forfeited for failure to 
work or for importing articl es corresponding to those 
that are protected.  Paris Convention Article 5.B.  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
A mark cannot be cancelled for unjustified non-use 
before a reasonable period of time has passed and permits the proprietor to us e differing elements that 
do not diminish the distin ctive character of a mark 
without invalidating the regist ration or diminishing the 
protection granted the mark.  Concurrent use of the mark by co-proprietors is permitted so long as that use does not mislead the public and is not contrary to public interest. Paris Conv ention, Article 5.C (note 
also TRIPS Article 19 specifies a period of at least three years of permitted non-use)  
The protection of patents, utility models, registered 
trademarks, or industrial designs cannot be conditioned upon indication or mention of such protection upon the good s.  Paris Convention, 
Article 5.D.  
A grace period of at least six months is required for 
the payment of maintenance fees for industrial property, but a surcharge is permissible.  Countries are authorized to restore patents that lapsed for non-payment of fees.  Paris Convention, Article 5 bis.  
Use of patented devices aboa rd a vessel, aircraft, or 
land vehicle temporarily or accidentally in the territory or the Member shall not be an infringement of patent rights, where they are used for the construction, operation or other need s of the vessel. Paris 
Convention, Article 5 ter.  
Process patent owners have all the rights against an 
imported product produced by the patented process 
that they would have with respect to products manufactured at home. Paris Convention, Article 5 quater .  
Protection of industrial de signs is required.  Paris 
Convention, Article 5 quinquies .  
The conditions for filing, registration and renewal of 
trademarks is subject to domestic legislation but filing, registration and renewal are independent of those in other countries, including the country of origin. Paris Convention, Article 6.  
Members are required, ex officio  if legally possible, or 
at the request of an intere sted party, to refuse to 
register or to cancel the registration of a trademark 
confusingly similar to a well-known mark.  Requesting cancellation of such a mark must be possible until 5 years after registration. No time limit is placed on a mark registered or used in bad faith. Paris Convention, Article 6 bis.  
Members are required to refuse to register or to 
invalidate the registration that includes, without authorization, armorial bearings, flags, state 
emblems, official signs an d hallmarks, etc.  An 
exception is provided for owners of rights acquired in good faith before this obligation entered into force for that country.  Paris Convention, Article 6 ter.  
The assignment of a mark is valid if the portion of the 
business or goodwill of the business together with the exclusive right to manufacture and sell the goods bearing the mark are also transferred.  Paris Convention, Article 6 quater  (note also TRIPS 
Article 21 which requires permitting transfer with or without the corresponding business).  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
Trademarks duly registered in a Member must be 
accepted for filing in ot her Members, with certain 
reservations.  Paris Convention, Article 6 quinquies.   
Protection of service marks is required. Paris 
Convention, Article 6 sexties (note also TRIPS 
Article 15 ).  
Trademark owners shall be able to oppose or request 
cancellation of a registration of their trademarks applied for by their agent or representative without 
their authorization
, unless the agent or representative 
justifies his action. Paris Convention, Article 6 septies.   
The nature of the goods to which a trademark is 
applied may in no case be an obstacle to the registration of the trademark. Paris Convention, Article 7 (Note also TRIPS Article 15.4 applies this standard to services)  
Registration must be perm itted of collective marks 
belonging to associations, the existence of which is not contrary to the law of the country of origin, even where the association is not established in the country where protection is being sought.  Paris Convention, Article 7 bis.  
Trade names must be protected without the necessity 
of registration, whether or not the names are part of 
a trademark.  Paris Co nvention, Article 8.  
Seizure on importation or exclusion is required for 
goods bearing a trademark or trade name without authorization, unless a Me mber's laws provide for 
neither remedy, in which ca se domestic actions and 
remedies must be availa ble. Paris Convention, 
Article 9.  
The obligation of Article 9 also applies to the direct or 
indirect use of false indications of source of goods, or false indication of the producer, manufacturer, or merchant of such goods. Paris Convention, Article 10.  
Protection is required against unfair competition, 
including against acts that create confusion of various kinds about the goods or activities of a competitor, that consist of false allegations about a competitor, or that are apt to mislead the public regarding a competitor's goods.  Paris Convention, Article 10 bis.  
Appropriate legal remedies ar e required to be assured 
to nationals of other Members effectively to repress actions referred to in Articles 9, 10 and 10 bis, and 
federations and associatio ns representing foreign 
businesses are to be allowed to take action in court and before administrative au thorities to repress such 
acts, in so far as domestic  entities can take such 
action. Paris Conv ention, Article 10 ter.  
Temporary protection consistent with domestic 
legislation, must be afforded  to patentable inventions, 
utility models, industrial designs and trademarks in 
respect of goods exhibited at official or officially recognized international exhibitions held in their territory. Paris Convention, Article 11.  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
An industrial property serv ice must be established as 
well as a central office fo r the communication to the 
public of patents, utility models, industrial designs and trademarks, the service including the publication of a periodic journal of the names of patent owners with a brief designation of  their inventions, and the 
reproduction of trademarks.  Paris Convention, Article 12.  
Paris Convention, Article 19 authorizes Paris Union 
countries to enter into separate and special industrial property agreements among themselves, so long as those agreements do not contravene the provisions of the Paris Convention.  
Copyright and Related Rights Citation to copyright and related laws 
Compliance with Articles 1 through 21 of the Berne 
Convention for the Protection  of Literary and Artistic 
Works ("Berne Convention") with the exception of Article 6 bis of the Berne Convention.  
TRIPS Article 9.1. 
The following items specify these Berne Convention 
standards in detail in the context of TRIPS (no reference is made to obligations separately undertaken by countries as Parties to the Berne Convention and members of the Berne Union).  
"Literary and artistic works" are defined as "every 
production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression", giving examples. Berne Convention, Article 2. 
Limitations related to speeches are provided in 
Article 2 bis.    
Protection is to be provided to the works of authors 
who are nationals of Members and to works of nationals of non-Member countries if those works are published in a Member simultaneously with 
publication in the non-Member country.  Berne Convention, Article 3.   
Protection must be provided to cinematographic 
works if the maker has headquarters or a habitual residence in a Member; and to works of architecture or artistic works incorporated into a building or structure located in a Member.  Berne Convention, Article 4.  
Authors enjoy the rights required by the Berne 
Convention and any other rights a country provides works on a national treatment basis without being subject to any formalit ies. Berne Convention, 
Article 5.   
The term of protection for co pyright is required to run 
for 50 years following the death of the author.  Special terms are authorized for cinematographic works, anonymous or pseudonymous works, photographic works and works of applied art.  Berne Convention, Article 7.  
Authors of protected works have the exclusive right to 
make or authorize the making of translations of their works. Berne Convention, Article 8.  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
Authors have the exclusive right to authorize 
reproduction of the work in  any manner or form with 
only limited exceptions that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author. Berne Convention, Article 9.   
Certain "free uses of works"  are permissible, subject 
to certain requirements.  Berne Convention, Articles 10 and 10 bis.  
Authors of dramatic, dramatico-musical and musical 
works and any translation thereof and authors of literary and artistic works, have the exclusive right to 
authorize the public performance of their works, including by broadcast, pu blic recitation and any 
communication to the public, in some respects subject to certain limitations. Bern e Convention, Articles 11, 
11bis, and 11 ter.  
Authors of literary or artistic works have the exclusive 
right to authorize adaptations, arrangements and other alterations of their works.  Berne Convention, 
Article 12.   
Reservations and conditions on the exclusive 
recording right granted to authors of musical works that are recorded, and to authors of words that are 
recorded with the musical work, are permitted. Berne Convention, Article 13.  
Authors of literary and artistic works have the 
exclusive right to authorize the cinematographic adaptation and reproduction of their works and the distribution, publ ic performance and communication 
to the public of the adaptation or reproduction, without the limitations authorized under Article 13(1). Berne Convention, Article 14.  
A cinematographic work is to be protected as an 
original work without prejudice to any work that is adapted or reproduced and the author of the cinematographic work is to enjoy the same rights as the author of any other work. Berne Convention, 
Article 14 bis.  
"Droit de suite" is requ ired in connection with 
subsequent sales of works of art and manuscripts. Berne Convention, Article 14 ter.  
Ownership of a work, for purposes of litigation, is 
presumed to be that which appears on the work in the usual manner. Berne Convention, Article 15.  
Infringing copies of a work are subject to seizure 
whether domestically produced or imported.  Berne Convention, Article 16.  
Apply copyright protection to all works which, at the 
moment TRIPS becomes effectiv e, have not fallen into 
the public domain through the expiry of the term of protection in the country of origin, or in the country where protection is claimed. Berne Convention, Article 18.1 and 18.2.  
Members are entitled to provide greater protection 
than that required by the Berne Convention.  Berne Convention, Article 19.  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
Members may enter into special agreements among 
themselves to provide more extensive rights than those provided by the Berne Convention. Berne Convention, Article 20. 
(The 1996 WIPO Copyright Treaty (WCT) is an 
agreement concluded within the meaning of Article 20 of the Berne Convention, but adherence to the WCT is not a TRIPS obligation.)  
Protect computer programs, whether in source or 
object code, as literary  works under the Berne 
Convention. Compilations of  data, whether in machine 
readable or other form are to be protected if they 
constitute intellectual creations.  TRIPS Article 10.  
Provide rental rights at least for computer programs 
and cinematographic works wi th certain exceptions.  
TRIPS Article 11.  
Provide a term of protection of 50 years from the 
death of the author (Berne Article 7.1 and TRIPS Article 9.1); or, for works where the term is not measured on the basis of the life of the author, a term of 50 years from the end of the calendar year of authorized publication, or, if not published within 50 years from the making of the work, 50 years from the 
end of the calendar year of making.  TRIPS Article 12.  
Confine limitations and 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 right holder's legitimate interests.  TRIPS Article 13.    
Provide performers with the right for 50 years from 
the date of a performance to prevent unauthorized fixation of their unfixed performances and of reproductions of such fixations and to prevent the unauthorized broadcast by wireless means and 
communication to the public of their live performances.  TRIPS Article 14.1 and 14.5.  
Provide phonogram producers with the right for 50 
years from the date of first authorized fixation to prohibit unauthorized reproduction of their 
phonograms, directly or indirectly, and to prohibit rental of copies of their phonograms once sold or otherwise distributed.  TR IPS Article 14.2, 14.4 and 
14.5.  
Providing broadcasting organizations with the 
exclusive rights for 20 years of fixation, reproduction of fixations, and rebroadcasting by wireless means of their  broadcasts and the communication to the public of broadcasts of their broa dcasts or provide to the 
owners of the copyright in the material broadcast the 
possibility of exercising such rights.  TRIPS Article 14.3 and 14.5.  
Trademarks Citation to appropriate law 
Provide eligibility for trademark or service mark 
protection for any sign, or combination of signs capable of distinguishing the goods or services of one undertaking from those of other undertakings.  TRIPS Article 15.1.  
Not deny registration for a mark based solely on the 
nature of the goods or services to which a trademark is to be applied.  TRIPS Article 15.4.  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
Trademarks must be publis hed before or promptly 
after registration to permit  opposition or opportunity 
to apply for cancellation.  TRIPS Article 15.5.  
Provide trademark owners the exclusive right to 
prevent unauthorized use of identical or similar marks 
for similar goods or services of other parties if confusion is likely to result.  TRIPS Article 16.1.  
Presume confusion where an identical mark is used 
without authorization on identical goods or services.  TRIPS Article 16.1.  
Provide protection for well know trademarks and 
service marks in accordance with Article 6 bis, of the 
Paris Convention, even where use is on goods or services which are not simila r to those in respect of 
which a trademark is registered if the latter use would imply a connection with the right holder and such use would be likely to damage the right holder's interests.  
TRIPS Article 16.2 and 16.3.  
Limited exceptions to the rights conferred by a 
trademark, such as fair us e of descriptive terms, are 
permitted under the conditions set out in   TRIPS Article 17.  
Provide a period of protection for registration of at 
least seven years, renewable indefinitely.  TRIPS Article 18.  
Allow cancellation for non-us e only after a period of 
three years of uninterrupted non-use unless valid reasons exist for the non-us e, including government 
restrictions of use.  TRIPS Article 19.1.  
No unjustified encumbering of the use of a trademark 
by special requirements.  TRIPS Article 20.  
May establish conditions for licensing but compulsory 
licensing not permitted and owner of registered mark must be able to assign it with or without transfer of 
business.  TRIPS Article 21.  
Geographical Indications (GIs) Citation to appropriate law or laws 
Provide means, with certain exceptions, to prevent 
use of Gis for goods where a given quality, reputation 
or other characteristic of a good is attributable to its 
origin, if such use misleads the public as to the origin of the good or constitutes an act of unfair competition.  TRIPS Article 22.1 and 22.2.  
Refuse to register, or invalidate registrations of, 
trademarks containing a GI if their use would mislead the public as to the origin of the good, except in instances in which such marks have been used in a continuous manner for at least 10 years or in good faith before 15 April 1994.  TRIPS Article 22.3.  
Protect against use of Gis, even when literally true, 
but which falsely represent to the public that the goods originate in another territory.  TRIPS Article 22.4.  
Provide means, with certain exceptions, to prevent 
use of Gis for wines and spirits on wines and spirits not originating from the place indicated in the GI, even if the use is accompanied by expressions such as "kind", "type," "style", et c.  TRIPS Articles 23.1 
and 24.  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
Refuse or invalidate, with certain exceptions 
trademark registrations containing Gis for wines and spirits not having the origin indicated by the GI.  TRIPS Articles 23.2 and 24.  
Industrial Designs Citation to appropriate law 
Provide, with certain except ions, protection for new or 
original, independently created industrial designs.  TRIPS Article 25.1.  
Ensure that requir ements for securing  protection for 
textile designs are not prohibitive of such protection.  TRIPS Article 25.2.  
Exceptions to design rights  should be limited, not 
unreasonably conflicting with  normal exploitation or 
producing the owner's legitimate interest, taking account of legitimate third party interests.  TRIPS Article 26.2.  
Protection should amount to at least 10 years.  
TRIPS Article 26.3  
Patents (including plant variety prot ection) Citation to appropriate law 
Provide patents for any inventions, whether products 
or processes, in all fields of technology if they are 
new, involve an inventive step and are industrially applicable.  Exclusions ar e permitted for inventions 
that are methods of treatment, and plants and animals, except for microorganisms and non-biological and microbiological processes.  Exclusions are also permitted for reasons of ordre public  and 
morality.  TRIPS Article 27.  
Provide protection of plant varieties either by patens 
or by an effective sui generis  system, or by any 
combination thereof. TRIPS Article 27.3(b).  
Provide patent owners with the right to prevent others 
from making, using, offering for sale, selling or importing a patented product or from using a patent process or using, offering for sale, selling or importing a product produced directly obtained by using such process.  TRIPS Article 28.1.  
Give patent owners the righ t to assign the rights in 
the patent, or transfer the rights by succession, or license them.  TRIPS Article 28.2.  
Require applicants to disclose the invention so that 
one skilled in the art can carry it out and may require indication of the best mode and information on corresponding foreign applications.  TRIPS Article 29.  
Ensure that any exceptions to exclusive patent rights 
are limited, do not unreason ably conflict with normal 
exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking third party interests into account.  TRIPS Article 30.  
Patents can be subject to compulsory licences or use 
by governments provided th e conditions enumerated 
in Article 31 are met.  TRIPS Article 31.  
Option of providing a special compulsory licence for 
export of medicines, subjec t to certain requirements.  
2005 Protocol amending TRIPS (introducing Article 31 bis) and related 2003 waiver.   WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
Provide an opportunity for judicial review of decisions 
to revoke or forfeit a patent.  TRIPS Article 32.  
Provide a patent term of at least 20 years from the 
filing date.  TRIPS Article 33.  
Provide judicial authorities with the authority to shift 
the burden of proof in pr ocess patent infringement 
actions to the defendant in instances in which the product produced by the process is new or where it is substantially likely that the identical product was made using the process an d the patent owner has 
been unable through reasonable efforts to determine the process used.  TRIPS Article 34.  
Layout designs (topographies) of integrated 
circuits Citation to appropriate law 
Provide protection for original layout designs of 
integrated circuits that ar e registered or have been 
commercially exploited an ywhere in the world.  
Articles 3, 4, 5, and 7 of the Washington Treaty as incorporated into TRIPS Article 35.  
Make unlawful, except in certain circumstances, the 
reproduction, importation, sa le or other distribution 
for commercial purposes of a protected layout design 
or an integrated circuit em bodying such design or an 
article containing such an integrated circuit.  Article 6 of the Washington Treaty and TRIPS Article 36.  
Provide such protection for a term of 10 years from 
the filing of an application for registration or from first commercial exploitation.  TRIPS Article 38.  
Protection of undisclosed information Citation to appropriate law or laws 
Provide protection for undisclosed information that is 
secret (not generally known or readily ascertainable); 
has commercial value because of its secrecy, and has been subject to reasonable steps to keep it secret.  TRIPS Article 39.2.  
When submission of test data is required for 
marketing approval of pharma ceutical or agricultural 
chemicals utilizing a new chemical entity, protect such test data in accordance with TRIPS Article 39.3.  
Enforcement2 Citation to appropriate law or laws 
- General Provisions  
Make available the specified enforcement procedures 
so as to provide for effective action against infringement of IP rights while avoiding the creation of barriers to legitimate trade and providing safeguards against their ab use.  TRIPS Article 41.1.  
Provide enforcement procedures that are fair and 
equitable and are not unnecessarily complicated or costly and do not entail unr easonable time-limits or 
unwarranted delays.  TRIPS Article 41.2.   
Provide that decisions on the merits of a case be 
preferably in writing, with the reasons explained, and  based only on the evidence presented in the case to the parties.  TRIPS Article 41.3.  
                                               
2  As an alternative to the sect ion on enforcement, acceding go vernments may choose to complete 
document IP/C/5 ("Checklist of Issues  on Enforcement") in anticipation of  future notificati on requirements. WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
Provide for review by judicial bodies of final 
administrative decisions and of at least the legal aspects of initial judicial decisions on the merits of a case.  TRIPS Article 41.4.  
- Civil and Administ rative Procedures 
 and Remedies  
Provide a procedure that allows plaintiffs to bring an 
action for infringem ent; requires that defendants be 
notified; permits both side to present evidence in support of their position; and protects confidential 
information.  TRIPS Article 42.  
Authorize judges to order production of evidence 
necessary to substantiate a party's claims where that party has been unable to ob tain such evidence from 
the opposing party.  TRIPS Article 43.1.   
Authorize judges to enjoin a defendant from infringing 
intellectual property righ ts, with certain exception 
possible. TRIPS Article 44.1 and 44.2.  
Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done by the infringement.  TRIPS Article 45.1.   
Authorize judges to order infringer to pay right 
holders enforcement costs and recovery of profits 
and/or statutory damages.   TRIPS Article 45.2.   
Authorize additional remedies including seizure of 
infringing goods, and the materials and implements the predominant use of which is infringement.  TRIPS Article 46.  
Authorize indemnification of defendant, including 
attorneys' fees in the event of abuse by plaintiffs.  TRIPS Article 48.1.  
Exempt public authorities an d officials from liability in 
connection with the administration of intellectual property laws only where the actions are taken or intended in good faith within the scope of the relevant authority.  TRIPS Article 48.2.  
Ensure that administrative remedies conform to the 
principles in the preceding Articles.  TRIPS Article 49.  
- Provisional Measures  
Authorize judges to grant temporary restraining 
orders and provisional relief  to prevent infringement 
and to preserve evidence.  TRIPS Article 50.1.  
Authorize judges to require the complaining party to 
indemnify the defending party against harm if the decision on the merits finds the provisional relief unjustified.  TRIPS Article 50.3.  
Provide for notice, for formal action by the plaintiff 
after temporary restraining orders, etc.  TRIPS Article 50.4.  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
- Special requirements related to border 
 measures  
Provide for suspension of release by customs 
authorities of goods suspected of bearing a counterfeit trademark or of being a pirated copyrighted work, at the re quest of a right holder.  
Members are authorized to extend such protection to holders of other forms of  intellectual property. 
TRIPS Article 51.  
Require right holders initiating border measures to 
provide evidence of a prima facie infringement and a description of the goods sufficiently detailed for customs authorities to recognize them.  The right holder must be notified with in a reasonable  time that 
action will be taken on his behalf.  TRIPS Article 52.  
Authorize authorities to require the right holder 
requesting border measures to post a bond sufficient 
to protect the defendant and to prevent abuse.  TRIPS Article 53.  
Require prompt notification of the right holder and the 
importer when action under TRIPS Article 51 is taken.  
TRIPS Article 54.  
Require that customs authorities be notified within 10 
days of the receipt of noti ce that proceedings on the 
merits have begun or the suspension is to be revoked.  TRIPS Article 55.  
Authorities must be authorized to require the right 
holder to compensate the importer or owner of the goods subject to border measures if goods were wrongfully detained or if proceedings leading to a decision on the merits are not begun within the allotted time.  TRIPS Article 56.  
Right holders must be allowed to inspect the detained 
goods in order to substantiate the right holder's claims.  Importers must be given similar authority.  Members may give the right holder the names and addresses of those involved in the importation when infringement is found to ex ist.  TRIPS Article 57.  
Establish the conditions that must be in place if 
customs authorities are authorized to act ex officio , 
including the ability to ask the right holder for information at any time; the requirement to notify the importer promptly of the suspension; and the requirement that public official s be liable if they act in 
bad faith.  TRIPS Article 58.  
Competent authorities must be able to order 
destruction or disposal other than by re-export of infringing goods where appropriate.  TRIPS Article 59.  
Members are authorized to except from border 
measures small quantities of infringing goods of a non-commercial nature carried in personal luggage or shipped in small consignments.  TRIPS Article 60.  WT/ACC/22/Add.2 
 
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  TRIPS Agreement Country 
- Criminal Procedures  
Provide criminal procedures and penalties, sufficient 
to act as a deterrent, for wilful trademark counterfeiting or copyright piracy on a commercial 
scale.  Authorizes extension of criminal procedures to infringements of other forms of intellectual property 
where they are committed wilfully and on a commercial scale.  TRIPS Article 61.  
Administration of IP rights  
Procedures and formalities for acquisition or 
maintenance of IP rights should be reasonable and consistent with TRIPS.  TRIPS Article 62.1.  
Procedures for grant or registration of IP rights should 
permit the granting or registration of the right within a reasonable period of time so as to avoid unwarranted curtailment of th e period of protection.  
TRIPS Article 62.2.  
Procedures for acquisition or  maintenance of IP rights 
and any administrati ve revocation and inter partes  
procedures such as oppo sition, revocation and 
cancellation, shall be go verned by the general 
principles set out in paragraphs 2 and 3 of Article 41.  Final administrative decisions for such procedures shall be subject to review by a judicial or quasi-judicial authority (apart from unsuccessful opposition or administrative revocation, provided that invalidation procedures apply).  TRIPS Article 62.4 and 62.5.  
 
 
_______________ 
 WT/ACC/22/Add.2 
 
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  IV. Draft Notification Pursuant to Article 25 of the Agreement on Subsidies and 
Countervailing Measures and Under Article XVI of the GATT 1994 
Questionnaire Format for Subsidy Notifications under Article 25 of the Agreement on Subsidies And 
Countervailing Measures and under Article XVI of the GATT 19943 
General Rules4 
1. The following subsidies are subject to notification under Article 25 of the Agreement on 
Subsidies and Countervailing Measures an d under Article XVI of the GATT 1994: 
(a) all specific subsidies, as defined in Articles 1 and 2 of the Agreement on Subsidies and 
Countervailing Measures ("the SCM Agreement"), shall be notified pursuant to Article 25.2 of 
the SCM Agreement;  
and (b) all other subsidies (i.e., in addition to those described in (a)), which operate directly or 
indirectly to increase exports of any product from, or to reduce imports of any product into, 
the territory of the Member granting or maintaining the subsidies, shall be notified pursuant 
to Article XVI:1 of the GATT 1994.  
2. It is understood that notifications made in accordance with the following questionnaire 
format will satisfy the notification requirements of both Article 25 of the SCM Agreement and 
Article XVI of the GATT 1994.  
3. Any Member considering that there are no measures in its territory requiring notification 
under the SCM Agreement and Article XVI of the GATT 1994 shall so inform the Secretariat in writing. 
4. The content of notifications should be sufficiently specific to enable other Members to 
evaluate the trade effects and to understand the operation of notified subsidies.   
5. It is recognized that notification of a measure does not prejudge either its legal status under 
the GATT 1994 and the SCM Agreement, the effects under the SCM Agreement, or the 
nature of the measure itself.   
6. To the extent that subsidies are provided on the basis of specific products or sectors, 
notifications of those subsidies should be organized by product or sector. 
7. To the extent that information called for in any question is not provided, the response to that 
question shall explain why not.   
8. In accordance with Article 25.1 of the SCM Agreement, subsidy notifications shall be 
submitted no later than 30 June of each year.   
9. Members shall submit new and full notifications each third year (with 1995 understood to be 
the year for the first new and full notifications under Article 25 of the SCM Agreement and 
under Article XVI of the GATT 1994), and shal l submit updating no tifications in the 
intervening years.   
 
                                               
3 Circulated as G/SCM/6/Rev.1.   
4 This document, and the general rules therein, are prepared to assist Member s in the preparation of 
subsidy notifications under Article 25 of the  Agreement on Subsidies and Countervailing Duties, and is without 
prejudice to the legal obligations therein.  This docume nt can thus also assist and guide acceding governments 
in the preparation of their draft subsidy notifications. WT/ACC/22/Add.2 
 
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  Information to be Provided5 
1. Title of the subsidy programme, if relevant, or brief description or identification of the 
subsidy. 
2. Period covered by the notification.  The period to be covered by the notification should be the 
most recently completed calendar or fiscal year. In the latter case, the start and end dates of 
the fiscal year should be specified. 
3. Policy objective and/or purpose of the subsidy. 4. Background and authority for the subsidy (including identification of the legislation under 
which it is granted). 
5. Form of the subsidy (i.e., gran t, loan, tax concession, etc.). 
6. To whom and how the subsidy is provided (whether to producers, to exporters, or others;  
through what mechanism; whether a fixed or fluctuating amount per unit; if the latter, how determined). 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy (indicating, if possible, the average subsidy per unit in the previous year).  Where provision of per unit subsidy information (for the year covered by the notification, for the previous year, or both) is not possible, a full explanation.  
8. For the information cited in items 3 to 7 above, the notification does not necessarily have 
to have an independent heading corresponding to each item, and may provide information on multiple items in one heading (e.g. provide information on items 3 and 4 under one heading).  In this case, the notification must clearly specify what items are covered by 
which heading.  
9. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement.  
10. Statistical data permitting an assessment of the trade effects of the subsidy.  The specific 
nature and scope of such statistics is left to the judgement of the notifying Member/acceding 
government.  To the extent possible, relevant and/or determinable, however, it is desirable that such information include statistics of production, consumption, imports and exports of the subsidized product(s) or sector(s): 
 (a) for the three most recent years for which statistics are available; 
(b) for a previous representative year, wh ich, where possible and meaningful, should 
be the latest year preceding the introduction of the subsidy or preceding the last major change in the subsidy.   
__________ 
 
                                               
 5 The information requested in points 1-9 below must be provided in full: 
(a) for all subsidies in the case of full notifications (b) for subsidies notified for the first time in update notifications. In the case of subsidies which have previously been no tified, the information provided in update notifications 
under points 3, 4, 5, 6 and 8 may be limited to indicating any modifications (or the absence thereof) from the previous notification.