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Book Title: The Global Governance of HIV/AIDS
Editor(s): Aginam, Obijiofor; Harrington, John; Yu, K. Peter
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781849804905
Section Title: Appendices
Number of pages: 33
Extract:
Appendices
APPENDIX 1 AGREEMENT ON TRADE-RELATED
ASPECTS OF INTELLECTUAL PROPERTY RIGHTS,
15 APRIL 1994 (SELECTED PROVISIONS)
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 conven-
tions;
(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 enforce-
ment 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 govern-
ments; 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 sys-
tems for the protection of intellectual property, including developmental
and technological objectives;
232
Appendices 233
Recognizing also the special needs of the least-developed country
Members in respect of maximum flexibility in the domestic implemen-
tation of laws and ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2013/509.html