Paris Convention for the Protection of Industrial Property

WTO中英对照1.WTO----World Trade Organization 世界贸易组织2.GATT----General Agreement on Tariffs and Trade 关税与贸易总协定3.Multilateral trading system 多边贸易体制4.IMF----International Monetary Fund 国际货币基金组织5.IBRD---- International Bank for Reconstruction and Development 国际复兴与开发银行6.ITO----International Trade Organization 国际贸易组织7.Ministerial Conference 部长级会议8.General Council 总理事会9.non-discrimination principle 非歧视原则10. MFNT----most favored nation treatment 最惠国待遇11. national treatment 国民待遇12. market access principle 市场准入原则13. import license 进口许可证14. fair competition principle 公平竞争原则15. principle of transparency 透明度原则16. GSP----generalized system of preferences 普遍优惠制、普惠制17. special and differential treatment 特殊和差别待遇18. special safeguard 特殊保障措施19. domestic support 国内支持20. ATC----Agreement on Textiles and Clothing 《纺织品与服装协议》21. import/export/transit duty 进口/出口/过境税22. HS----The Harmonized Commodity Description and Coding system 《商品名称及编码协调制度》23. NRP----nominal rate of protection 名义保护率24. ERP----effective rate of protection 有效保护率25. NTBs----non-tariff barriers 非关税壁垒26. import/absolute/country quotas 进口/绝对/国别配额27. global(unallocated) quotas 全球配额28. autonomous/unilateral quotas 自主/单方面配额29. agreement/bilateral quotas 协议/双边配额30. VEQ----“voluntary”export quotas “自动”出口配额31. VER----“voluntary”export restraints “自动”出口限制32. dumping 倾销anti-dumping 反倾销33. exchange dumping 外汇倾销34. OGL----open general license 公开一般许可证35. SL----special license 特种货物进口许可证36. Agreement on Technical Barriers to Trade 《技术性贸易壁垒协议》37. technical regulations/standard 技术法规/技术标准、38. conformity assessment procedures 合格评定程序39. Agreement on the Application of Sanitary and Phytosanitary Measures 《实施卫生与植物卫生措施协议》40. SPS---- sanitary and phytosanitary measures 卫生与动植物卫生措施41. Agreement on Preshipment Inspection 《装运前检验协议》42. PSI----preshipment inspection 装运前检验43. Agreement on Customs Valuation 《海关估价协议》44. customs valuation 海关估价45. dutiable/deductive value 完税/倒扣价格46. Agreement on Rules of Origin 《原产地规则协议》47. Agreement on Import licensing Procedures 《进口许可程序协议》48. (non-) automatic import licensing （非）自动进口许可程序49. TRIMs----Agreement on Trade-Related Investment Measures 《与贸易有关的投资措施协议》50. normal value 正常价值51. Agreement on Subsidies and Countervailing Measures 《补贴与反补贴措施协议》52. countervailing measures 抵消性措施53. prohibited/actionable/non-actionable subsidies 禁止性/可诉/不可诉补贴54. Agreement on Safeguard 《保障措施协议》55. GATs----General Agreement on Trade in Services 《服务贸易总协定》56. Paris Convention for the Protection of Industrial Property 《保护工业产权巴黎公约》、《巴黎公约》57. Berne Convention for the Protection of Literary and Artistic Works 《保护文学艺术作品伯尔尼公约》、《伯尔尼公约》58. TRIPs----Agreement on Trade-Related Aspects of Intellectual Property Rights 《与贸易有关的知识产权协定》59. Agreement on Government Procurement 《政府采购协议》60. Agreement on Trade in Civil Aircraft 《民用航空器贸易协议》。

C HAPTER E IGHTEENI NTELLECTUAL P ROPERTY R IGHTSA RTICLE 18.1:G ENERAL P ROVISIONS1. Each Party shall, at a minimum, give effect to this Chapter.International Agreements2. Further to Article 1.2 (Relation to Other Agreements), the Parties affirm their existing rights and obligations with respect to each other under the TRIPS Agreement.3. Each Party shall ratify or accede to the following agreements by the date this Agreement enters into force:(a) the Patent Cooperation Treaty (1970), as amended in 1979;Paris Convention for the Protection of Industrial Propertythe(b)(1967) (the Paris Convention);Berne Convention for the Protection of Literary and Artistic(c) theWorks (1971) (the Berne Convention);(d) the Convention Relating to the Distribution of Programme-CarryingSignals Transmitted by Satellite (1974);(e) the Protocol Relating to the Madrid Agreement Concerning theInternational Registration of Marks (1989);(f) the Budapest Treaty on the International Recognition of the Deposit ofMicroorganisms for the Purposes of Patent Procedure (1977), as amendedin 1980;(g) the International Convention for the Protection of New Varieties of Plants(1991);Trademark Law Treaty (1994);1(h) the(i) the World Intellectual Property Organization (WIPO) Copyright Treaty(1996); and(j) the WIPO Performances and Phonograms Treaty (1996).1 A Party may satisfy the obligation in Article 18.1.3(h) by ratifying or acceding to the Singapore Treaty on the Law of Trademarks (2006), provided that treaty has entered into force.4. Each Party shall make all reasonable efforts to ratify or accede to the following agreements:Patent Law Treaty (2000);(a) theHague Agreement Concerning the International Registration of(b) theIndustrial Designs (1999); and(c)the Singapore Treaty on the Law of Trademarks (2006).More Extensive Protection and Enforcement5. A Party may provide more extensive protection for, and enforcement of, intellectual property rights under its law than this Chapter requires, provided that the more extensive protection does not contravene this Chapter.National Treatment6. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals2 of the other Party treatment no less favorable than it accords to its own nationals with regard to the protection3 and enjoyment of such intellectual property rights and any benefits derived from such rights. With respect to secondary uses of phonograms by means of analog communications, analog free over-the-air radio broadcasting, and analog free over-the-air television broadcasting, however, a Party may limit the rights of performers and producers of phonograms of the other Party to the rights its persons are accorded in the territory of the other Party.7. A Party may derogate from paragraph 6 in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is:(a) necessary to secure compliance with laws and regulations that are notinconsistent with this Chapter; and2 For purposes of paragraphs 6 and 7 and Articles 18.2.14(a), and 18.6.1, a “national”of a Party shall include, in respect of the relevant right, any person (as defined in Article 1.4 (Definitions)), of that Party that would meet the criteria for eligibility for protection of that right provided for in the agreements listed in paragraph3 and the TRIPS Agreement.3 For purposes of paragraph 6, “protection” includes: (1) matters affecting the availability, acquisition, scope, maintenance, and enforcement of intellectual property rights as well as matters affecting the use of intellectual property rights specifically covered by this Chapter; and (2) the prohibition on circumvention of effective technological measures set out in Article 18.4.7 and the rights and obligations concerning rights management information set out in Article 18.4.8.(b) not applied in a manner that would constitute a disguised restriction ontrade.8. Paragraph 6 does not apply to procedures provided in multilateral agreements to which either Party is a party concluded under the auspices of the WIPO in relation to the acquisition or maintenance of intellectual property rights.Application of Agreement to Existing Subject Matter and Prior Acts9. Except as it provides otherwise, including in Article 18.4.5, this Chapter gives rise to obligations in respect of all subject matter existing at the date this Agreement enters into force that is protected on that date in the territory of the Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter.10. Except as otherwise provided in this Chapter, including in Article 18.4.5,a Party shall not be required to restore protection to subject matter that on the date this Agreement enters into force has fallen into the public domain in the territory of the Party where the protection is claimed.11. This Chapter does not give rise to obligations in respect of acts that occurred before the date this Agreement enters into force.Transparency12. Further to Article 21.1 (Publication), and with the object of making the protection and enforcement of intellectual property rights transparent, each Party shall ensure that all laws, regulations, and procedures concerning the protection or enforcement of intellectual property rights are in writing and are published,4 or where publication is not practicable made publicly available, in its national language in such a manner as to enable governments and right holders to become acquainted with them.A RTICLE 18.2: T RADEMARKS I NCLUDING G EOGRAPHICAL I NDICATIONS1. Neither Party may require, as a condition of registration, that signs be visually perceptible, nor may either Party deny registration of a trademark solely on the grounds that the sign of which it is composed is a sound or scent.2. Each Party shall provide that trademarks shall include certification marks. Each Party shall also provide that geographical indications are eligible for protection as trademarks.54 For greater certainty, a Party may satisfy the requirement in paragraph 12 to publish a law, regulation, or procedure by making it available to the public on the Internet.5 For purposes of this Chapter, geographical indications means indications that identify a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Any sign (such as words, including geographical and personal names, as well as letters, numerals, figurative elements,3. Each Party shall ensure that its measures mandating the use of the term customary in common language as the common name for a good or service (common name), including, inter alia, requirements concerning the relative size, placement or style of use of the trademark in relation to the common name, do not impair the use or effectiveness of trademarks used in relation to such good or service.4. Each Party shall provide that the owner of a registered trademark shall have the exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs, including geographical indications, at least for goods or services that are identical or similar to those goods or services in respect of which the owner’s trademark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign, including a geographical indication, for identical goods or services, a likelihood of confusion shall be presumed.5. Each Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.6. Neither Party may require, as a condition for determining that a mark is a well-known mark, that the mark has been registered in the territory of that Party or in another jurisdiction. Additionally, neither Party may deny remedies or relief with respect to well-known marks solely because of the lack of:(a) a registration;(b) inclusion on a list of well-known marks; or(c) prior recognition of the mark as well-known.7. Article 6bis of the Paris Convention shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a well-known trademark,6 whether registered or not, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark, and provided that the interests of the owner of the trademark are likely to be damaged by such use.8. Each Party shall provide for appropriate measures to refuse or cancel the registration and prohibit the use of a trademark or geographical indication that is identical or similar to a well-known trademark, for related goods or services, if the use of thatand colors, including single colors) or combination of signs, in any form whatsoever, shall be eligible to be a geographical indication. “Originating” in this Chapter does not have the meaning ascribed to that term in Article 1.4 (Definitions).6 For purposes of determining whether a mark is well-known, neither Party may require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services.trademark or geographical indication is likely to cause confusion, or to cause mistake, or to deceive or risk associating the trademark or geographical indication with the owner of the well-known trademark, or constitutes unfair exploitation of the reputation of the well-known trademark.9. Each Party shall provide a system for the registration of trademarks, which shall include:(a) a requirement to provide to the applicant a communication in writing, whichmay be provided electronically, of the reasons for a refusal to register atrademark;(b) an opportunity for the applicant to respond to communications from thetrademark authorities, to contest an initial refusal, and to appeal judicially afinal refusal to register;(c) an opportunity for interested parties to oppose a trademark application andto seek cancellation of a trademark after it has been registered; and(d) a requirement that decisions in opposition and cancellation proceedings bereasoned and in writing. Written decisions may be provided electronically.10. Each Party shall provide a:(a) system for the electronic application for, and electronic processing,registering, and maintenance of, trademarks; and(b) publicly available electronic database, including an online database, oftrademark applications and registrations.11. Each Party shall provide that:(a) each registration and publication that concerns a trademark application orregistration and that indicates goods or services shall indicate the goods orservices by their names, grouped according to the classes of theclassification established by the Nice Agreement Concerning theInternational Classification of Goods and Services for the Purposes of theRegistration of Marks (1979), as revised and amended (Nice Classification);and(b) goods or services may not be considered as being similar to each othersolely on the ground that, in any registration or publication, they appear inthe same class of the Nice Classification. Conversely, each Party shallprovide that goods or services may not be considered as being dissimilarfrom each other solely on the ground that, in any registration or publication,they appear in different classes of the Nice Classification.12. Each Party shall provide that initial registration and each renewal of registration ofa trademark shall be for a term of no less than ten years.13. Neither Party may require recordation of trademark licenses to establish the validity of the license, to assert any rights in a trademark, or for other purposes.14. If a Party provides the means to apply for protection or petition for recognition of geographical indications, through a system of protection of trademarks or otherwise, it shall, with respect to such applications and petitions (as relevant to the means chosen by the Party):those applications and petitions without requiring intercession by a(a) acceptParty on behalf of its nationals;(b) process those applications and petitions with a minimum of formalities;(c) ensure that its regulations governing filing of those applications andpetitions are readily available to the public and set out clearly theprocedures for these actions;(d) make available contact information sufficient to allow the general public toobtain guidance concerning the procedures for filing applications andpetitions and the processing of those applications and petitions in general;and to allow applicants, petitioners, or their representatives to ascertain thestatus of, and to obtain procedural guidance concerning, specificapplications and petitions; and(e) ensure that applications and petitions for geographical indications arepublished for opposition, and provide procedures for opposing geographicalindications that are the subject of applications or petitions. Each Party shallalso provide procedures to cancel a registration resulting from anapplication or a petition.15. (a) Each Party shall provide that each of the following shall be groundsfor refusing protection or recognition of, and for opposition and cancellationof, a geographical indication:(i) the geographical indication is likely to cause confusion with atrademark that is the subject of a good faith pending application orregistration in the Party’s territory and that has a priority date thatpredates the protection or recognition of the geographical indicationin that territory;(ii) the geographical indication is likely to cause confusion with atrademark, the rights to which have been acquired in the Party’sterritory through use in good faith, that has a priority date thatpredates the protection or recognition of the geographical indicationin that territory; and(iii) the geographical indication is likely to cause confusion with atrademark that has become well known in the Party’s territory andthat has a priority date that predates the protection or recognition ofthe geographical indication in that territory.(b) For purposes of subparagraph (a), the date of protection of the geographicalindication in a Party’s territory shall be:(i) in the case of protection or recognition provided as a result of anapplication or petition, the date of the application or petition; and (ii) in the case of protection or recognition provided through othermeans, the date of protection or recognition under the Party’s laws.A RTICLE 18.3:D OMAIN N AMES ON THE I NTERNET1. In order to address the problem of trademark cyber-piracy, each Party shall require that the management of its country-code top-level domain (ccTLD) provide an appropriate procedure for the settlement of disputes, based on the principles established in the Uniform Domain-Name Dispute-Resolution Policy.2. Each Party shall require that the management of its ccTLD provide online public access to a reliable and accurate database of contact information concerning domain-name registrants.A RTICLE 18.4:C OPYRIGHT AND R ELATED R IGHTS1. Each Party shall provide7 that authors, performers, and producers of phonograms8 have the right to authorize or prohibit9all reproductions of their works, performances,107 The Parties reaffirm that it is a matter for each Party’s law to prescribe that works and phonograms shall not be protected by copyright unless they have been fixed in some material form.8 “Authors,” “performers,” and “producers of phonograms” in this Chapter refer also to any successors in title.9 With respect to copyrights and related rights, the “right to authorize or prohibit” for purposes of this Chapter refers to exclusive rights.10 With respect to copyright and related rights, a performance for purposes of this Chapter means a performance fixed in a phonogram unless otherwise specified.and phonograms,in any manner or form, permanent or temporary (including temporary storage in electronic form).112. Each Party shall provide to authors, performers, and producers of phonograms the right to authorize or prohibit the making available to the public of the original and copies12 of their works, performances, and phonograms through sale or other transfer of ownership.3. In order to ensure that no hierarchy is established between rights of authors, on the one hand, and rights of performers and producers of phonograms, on the other hand, each Party shall provide that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the author does not cease to exist because the authorization of the performer or producer is also required. Likewise, each Party shall provide that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the performer or producer does not cease to exist because the authorization of the author is also required.4. Each Party shall provide that, where the term of protection of a work (including a photographic work), performance, or phonogram is to be calculated:(a) on the basis of the life of a natural person, the term shall be not less than thelife of the author and 70 years after the author’s death; and(b) on a basis other than the life of a natural person, the term shall be:(i) not less than 70 years from the end of the calendar year of the firstauthorized publication of the work, performance, or phonogram; or (ii) failing such authorized publication within 25 years from the creation of the work, performance, or phonogram, not less than 70 yearsfrom the end of the calendar year of the creation of the work,performance, or phonogram.5. Each Party shall apply Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement, mutatis mutandis, to the subject matter, rights, and obligations in this Article and Articles 18.5 and 18.6.11 Each Party shall confine limitations or exceptions to the rights described in paragraph 1 to certain special cases that do not conflict with a normal exploitation of the work, performance, or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder. For greater certainty, each Party may adopt or maintain limitations or exceptions to the rights described in paragraph 1 for fair use, as long as any such limitation or exception is confined as stated in the previous sentence.12 As used in paragraph 2, “copies” and “original and copies”, being subject to the right of distribution in this paragraph, refer exclusively to fixed copies that can be put into circulation as tangible objects.6. Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right in a work, performance, or phonogram:(a) may freely and separately transfer that right by contract; and(b) by virtue of a contract, including contracts of employment underlying thecreation of works, performances, and phonograms, shall be able to exercisethat right in that person’s own name and enjoy fully the benefits derivedfrom that right.7. (a) In order to provide adequate legal protection and effective legal remediesagainst the circumvention of effective technological measures that authors,performers, and producers of phonograms use in connection with theexercise of their rights and that restrict unauthorized acts in respect of theirworks, performances, and phonograms, each Party shall provide that anyperson who:(i) knowingly, or having reasonable grounds to know, circumventswithout authority any effective technological measure that controlsaccess to a protected work, performance, phonogram, or othersubject matter; or(ii) manufactures, imports, distributes, offers to the public, provides, orotherwise traffics in devices, products, or components, or offers tothe public or provides services, that:(A) are promoted, advertised, or marketed by that person, or byanother person acting in concert with, and with theknowledge of, that person, for the purpose of circumventionof any effective technological measure;(B) have only a limited commercially significant purpose or useother than to circumvent any effective technologicalmeasure; or(C) are primarily designed, produced, or performed for thepurpose of enabling or facilitating the circumvention of anyeffective technological measure,shall be liable and subject to the remedies set out in Article 18.10.13.13Each Party shall provide for criminal procedures and penalties to be applied 13 In addition, each Party shall provide that any person who, unknowingly and without reasonable grounds to know, circumvents without authority any effective technological measure that controls access to a protected work, performance, phonogram, or other subject matter shall be liable and subject at least to the remedies set out in subparagraphs (a), (c), and (d) of Article 18.10.13.when any person, other than a nonprofit library, archive, educationalinstitution, or public noncommercial broadcasting entity, is found to haveengaged willfully and for purposes of commercial advantage or privatefinancial gain in any of the foregoing activities. Such criminal proceduresand penalties shall include the application to such activities of the remediesand authorities listed in subparagraphs (a), (b), and (e) of Article 18.10.27as applicable to infringements, mutatis mutandis.(b) In implementing subparagraph (a), neither Party shall be obligated torequire that the design of, or the design and selection of parts andcomponents for, a consumer electronics, telecommunications, or computingproduct provide for a response to any particular technological measure, solong as the product does not otherwise violate any measures implementingsubparagraph (a).(c) Each Party shall provide that a violation of a measure implementing thisparagraph is a separate cause of action, independent of any infringementthat might occur under the Party’s law on copyright and related rights.(d) Each Party shall confine exceptions and limitations to measuresimplementing subparagraph (a) to the following activities, which shall beapplied to relevant measures in accordance with subparagraph (e):14reverseengineering activities with regard to a(i) noninfringinglawfully obtained copy of a computer program, carried out in goodfaith with respect to particular elements of that computer programthat have not been readily available to the person engaged in thoseactivities, for the sole purpose of achieving interoperability of anindependently created computer program with other programs;faithgoodactivities, carried out by an appropriately (ii)noninfringingqualified researcher who has lawfully obtained a copy, unfixedperformance, or display of a work, performance, or phonogram andwho has made a good faith effort to obtain authorization for suchactivities, to the extent necessary for the sole purpose of researchconsisting of identifying and analyzing flaws and vulnerabilities oftechnologies for scrambling and descrambling of information;(iii) the inclusion of a component or part for the sole purpose ofpreventing the access of minors to inappropriate online content in a14 Either Party may request consultations with the other Party to consider how to address, under subparagraph (d), activities of a similar nature that a Party identifies after the date this Agreement enters into force.technology, product, service, or device that itself is not prohibitedunder the measures implementing subparagraph (a)(ii);goodactivities that are authorized by the ownerfaith(iv)noninfringingof a computer, computer system, or computer network for the solepurpose of testing, investigating, or correcting the security of thatcomputer, computer system, or computer network;(v) noninfringing activities for the sole purpose of identifying anddisabling a capability to carry out undisclosed collection ordissemination of personally identifying information reflecting theonline activities of a natural person in a way that has no other effecton the ability of any person to gain access to any work;activities carried out by government employees,authorizedlawfully(vi)agents, or contractors for the purpose of law enforcement,intelligence, essential security, or similar governmental purposes;(vii) access by a nonprofit library, archive, or educational institution to awork, performance, or phonogram not otherwise available to it, forthe sole purpose of making acquisition decisions; and(viii) noninfringing uses of a work, performance, or phonogram in aparticular class of works, performances, or phonograms when anactual or likely adverse impact on those noninfringing uses isdemonstrated in a legislative or administrative proceeding bysubstantial evidence, provided that any limitation or exceptionadopted in reliance on this clause shall have effect for a renewableperiod of not more than three years from the date the proceedingconcludes.(e) The exceptions and limitations to measures implementing subparagraph (a)for the activities set forth in subparagraph (d) may only be applied asfollows, and only to the extent that they do not impair the adequacy of legalprotection or the effectiveness of legal remedies against the circumventionof effective technological measures:subparagraph (a)(i) may be subject to(i) Measuresimplementingexceptions and limitations with respect to each activity set forth insubparagraph (d).subparagraph (a)(ii), as they apply toimplementing(ii)Measureseffective technological measures that control access to a work,performance, or phonogram, may be subject to exceptions andlimitations with respect to activities set forth in subparagraph (d)(i),(ii), (iii), (iv), and (vi).(iii) Measures implementing subparagraph (a)(ii), as they apply toeffective technological measures that protect any copyright or anyrights related to copyright, may be subject to exceptions andlimitations with respect to activities set forth in subparagraph (d)(i)and (vi).(f) Effective technological measure means any technology, device, orcomponent that, in the normal course of its operation, controls access to aprotected work, performance, phonogram, or other protected subject matter,or protects any copyright or any rights related to copyright.8. In order to provide adequate and effective legal remedies to protect rights management information:(a) Each Party shall provide that any person who without authority, andknowing, or, with respect to civil remedies, having reasonable grounds toknow, that it would induce, enable, facilitate, or conceal an infringement ofany copyright or related right,(i) knowingly removes or alters any rights management information;(ii) distributes or imports for distribution rights managementinformation knowing that the rights management information hasbeen removed or altered without authority; or(iii) distributes, imports for distribution, broadcasts, communicates ormakes available to the public copies of works, performances, orphonograms, knowing that rights management information has beenremoved or altered without authority,shall be liable and subject to the remedies set out in Article 18.10.13. EachParty shall provide for criminal procedures and penalties to be applied whenany person, other than a nonprofit library, archive, educational institution,or public noncommercial broadcasting entity, is found to have engagedwillfully and for purposes of commercial advantage or private financial gainin any of the foregoing activities. These criminal procedures and penaltiesshall include the application to such activities of the remedies andauthorities listed in subparagraphs (a), (b), and (e) of Article 18.10.27 asapplicable to infringements, mutatis mutandis.(b) Each Party shall confine exceptions and limitations to measuresimplementing subparagraph (a) to lawfully authorized activities carried outby government employees, agents, or contractors for the purpose of lawenforcement, intelligence, essential security, or similar governmentalpurposes.。

保护世界文化和自然遗产公约联合国教育、科学及文化组织大会第十七届会议于1972年11月16日在巴黎通过的《保护世界文化和自然遗产公约》。

保护世界文化和自然遗产公约联合国教育、科学及文化组织大会于1972年10月17日至11月21日在巴黎举行的第十七届会议，注意到文化遗产和自然遗产越来越受到破坏的威胁，一方面因年久腐变所致，同时，变化中的社会和经济条件使情况恶化，造成更加难以对付的损害或破坏现象，考虑到任何文化或自然遗产的坏变或消失都构成使世界各国遗产枯竭的有害影响，考虑到国家一级保护这类遗产的工作往往不很完善，原因在于这项工作需要大量手段，以及应予保护的财产的所在国不具备充足的经济、科学和技术力量，回顾本组织《组织法》规定，本组织将通过确保世界遗产得到保存和保护以及建议有关国家订立必要的国际公约来维护、增进和传播知识，考虑到现有关于文化财产和自然财产的国际公约、建议和决议表明，保护不论属于哪国人民的这类罕见且无法替代的财产，对全世界人民都很重要，考虑到某些文化遗产和自然遗产具有突出的重要性，因而需作为全人类世界遗产的一部分加以保存，考虑到鉴于威胁这类遗产的新危险的规模和严重性，整个国际社会有责任通过提供集体性援助来参与保护具有突出的普遍价值的文化遗产和自然遗产；这种援助尽管不能代替有关国家采取的行动，但将成为它的有效补充，考虑到为此有必要通过采用公约形式的新规定，以便为集体保护具有突出的普遍价值的文化遗产和自然遗产建立一个依据现代科学方法组织的永久性的有效制度，在大会第十六届会议上曾决定就此问题制订一项国际公约，于1972年11月16日通过本公约。

Ⅰ、文化遗产和自然遗产的定义第一条为实现本公约的宗旨，下列各项应列为“文化遗产”：古迹：从历史、艺术或科学角度看具有突出的普遍价值的建筑物、碑雕和碑画、具有考古性质的成份或构造物、铭文、窟洞以及景观的联合体；建筑群：从历史、艺术或科学角度看在建筑式样、分布均匀或与环境景色结合方面具有突出的普遍价值的单立或连接的建筑群；遗址：从历史、审美、人种学或人类学角度看具有突出的普遍价值的人类工程或自然与人的联合工程以及包括有考古地址的区域。

MISC/2003/CLT/CH/14CONVENTION FOR THE SAFEGUARDINGOF THE INTANGIBLE CULTURAL HERITAGEThe General Conference of the United Nations Educational, Scientific and Cultural Organization hereinafter referred to as UNESCO, meeting in Paris, from 29 September to 17 October 2003, at its 32nd session,Referring to existing international human rights instruments, in particular to the Universal Declaration on Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, and the International Covenant on Civil and Political Rights of 1966, Considering the importance of the intangible cultural heritage as a mainspring of cultural diversity and a guarantee of sustainable development, as underscored in the UNESCO Recommendation on the Safeguarding of Traditional Culture and Folklore of 1989, in the UNESCO Universal Declaration on Cultural Diversity of 2001, and in the Istanbul Declaration of 2002 adopted by the Third Round Table of Ministers of Culture,Considering the deep-seated interdependence between the intangible cultural heritage and the tangible cultural and natural heritage,Recognizing that the processes of globalization and social transformation, alongside the conditions they create for renewed dialogue among communities, also give rise, as does the phenomenon of intolerance, to grave threats of deterioration, disappearance and destruction of the intangible cultural heritage, in particular owing to a lack of resources for safeguarding such heritage,Being aware of the universal will and the common concern to safeguard the intangible cultural heritage of humanity,Recognizing that communities, in particular indigenous communities, groups and, in some cases, individuals, play an important role in the production, safeguarding, maintenance and re-creation of the intangible cultural heritage, thus helping to enrich cultural diversity and human creativity,Noting the far-reaching impact of the activities of UNESCO in establishing normative instruments for the protection of the cultural heritage, in particular the Convention for the Protection of the World Cultural and Natural Heritage of 1972,Noting further that no binding multilateral instrument as yet exists for the safeguarding of the intangible cultural heritage,Considering that existing international agreements, recommendations and resolutions concerning the cultural and natural heritage need to be effectively enriched and supplemented by means of new provisions relating to the intangible cultural heritage,Considering the need to build greater awareness, especially among the younger generations, of the importance of the intangible cultural heritage and of its safeguarding,Considering that the international community should contribute, together with the States Parties to this Convention, to the safeguarding of such heritage in a spirit of cooperation and mutual assistance,Recalling UNESCO’s programmes relating to the intangible cultural heritage, in particular the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity,Considering the invaluable role of the intangible cultural heritage as a factor in bringing human beings closer together and ensuring exchange and understanding among them,Adopts this Convention on this seventeenth day of October 2003.I. General provisionsArticle 1 – Purposes of the ConventionThe purposes of this Convention are:(a) to safeguard the intangible cultural heritage;(b) to ensure respect for the intangible cultural heritage of the communities, groupsand individuals concerned;(c) to raise awareness at the local, national and international levels of the importanceof the intangible cultural heritage, and of ensuring mutual appreciation thereof;(d) to provide for international cooperation and assistance.Article 2 – DefinitionsFor the purposes of this Convention,1. The “intangible cultural heritage” means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development.2. The “intangible cultural heritage”, as defined in paragraph 1 above, is manifested inter alia in the following domains:(a) oral traditions and expressions, including language as a vehicle of the intangiblecultural heritage;(b) performing arts;(c) social practices, rituals and festive events;(d) knowledge and practices concerning nature and the universe;(e) traditional craftsmanship.3. “Safeguarding” means measures aimed at ensuring the viability of the intangible cultural heritage, including the identification, documentation, research, preservation, protection, promotion, enhancement, transmission, particularly through formal and non-formal education, as well as the revitalization of the various aspects of such heritage.4. “States Parties” means States which are bound by this Convention and among which this Convention is in force.5. This Convention applies mutatis mutandis to the territories referred to in Article 33 which become Parties to this Convention in accordance with the conditions set out in that Article. To that extent the expression “States Parties” also refers to such territories.Article 3 – Relationship to other international instrumentsNothing in this Convention may be interpreted as:(a) altering the status or diminishing the level of protection under the 1972Convention concerning the Protection of the World Cultural and Natural Heritageof World Heritage properties with which an item of the intangible culturalheritage is directly associated; or(b) affecting the rights and obligations of States Parties deriving from anyinternational instrument relating to intellectual property rights or to the use ofbiological and ecological resources to which they are parties.II. Organs of the ConventionArticle 4 – General Assembly of the States Parties1. A General Assembly of the States Parties is hereby established, hereinafter referred to as “the General Assembly”. The General Assembly is the sovereign body of this Convention.2. The General Assembly shall meet in ordinary session every two years. It may meet in extraordinary session if it so decides or at the request either of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage or of at least one-third of the States Parties.3. The General Assembly shall adopt its own Rules of Procedure.Article 5 – Intergovernmental Committee for the Safeguardingof the Intangible Cultural Heritage1. An Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, hereinafter referred to as “the Committee”, is hereby established within UNESCO. It shall be composed of representatives of 18 States Parties, elected by the States Parties meeting in General Assembly, once this Convention enters into force in accordance with Article 34.2. The number of States Members of the Committee shall be increased to 24 once the number of the States Parties to the Convention reaches 50.Article 6 – Election and terms of office of States Members of the Committee1. The election of States Members of the Committee shall obey the principles of equitable geographical representation and rotation.2. States Members of the Committee shall be elected for a term of four years by States Parties to the Convention meeting in General Assembly.3. However, the term of office of half of the States Members of the Committee elected at the first election is limited to two years. These States shall be chosen by lot at the first election.4. Every two years, the General Assembly shall renew half of the States Members of the Committee.5. It shall also elect as many States Members of the Committee as required to fill vacancies.6. A State Member of the Committee may not be elected for two consecutive terms.7. States Members of the Committee shall choose as their representatives persons who are qualified in the various fields of the intangible cultural heritage.Article 7 – Functions of the CommitteeWithout prejudice to other prerogatives granted to it by this Convention, the functions of the Committee shall be to:(a) promote the objectives of the Convention, and to encourage and monitor theimplementation thereof;(b) provide guidance on best practices and make recommendations on measures forthe safeguarding of the intangible cultural heritage;(c) prepare and submit to the General Assembly for approval a draft plan for the useof the resources of the Fund, in accordance with Article 25;(d) seek means of increasing its resources, and to take the necessary measures to thisend, in accordance with Article 25;(e) prepare and submit to the General Assembly for approval operational directivesfor the implementation of this Convention;(f) examine, in accordance with Article 29, the reports submitted by States Parties,and to summarize them for the General Assembly;(g) examine requests submitted by States Parties, and to decide thereon, inaccordance with objective selection criteria to be established by the Committeeand approved by the General Assembly for:(i) inscription on the lists and proposals mentioned under Articles 16, 17 and18;(ii) the granting of international assistance in accordance with Article 22.Article 8 – Working methods of the Committee1. The Committee shall be answerable to the General Assembly. It shall report to it on all its activities and decisions.2. The Committee shall adopt its own Rules of Procedure by a two-thirds majority of its Members.3. The Committee may establish, on a temporary basis, whatever ad hoc consultative bodies it deems necessary to carry out its task.4. The Committee may invite to its meetings any public or private bodies, as well as private persons, with recognized competence in the various fields of the intangible cultural heritage, in order to consult them on specific matters.Article 9 – Accreditation of advisory organizations1. The Committee shall propose to the General Assembly the accreditation of non-governmental organizations with recognized competence in the field of the intangible cultural heritage to act in an advisory capacity to the Committee.2. The Committee shall also propose to the General Assembly the criteria for and modalities of such accreditation.Article 10 – The Secretariat1. The Committee shall be assisted by the UNESCO Secretariat.2. The Secretariat shall prepare the documentation of the General Assembly and of the Committee, as well as the draft agenda of their meetings, and shall ensure the implementation of their decisions.III. Safeguarding of the intangible cultural heritage at the national levelArticle 11 – Role of States PartiesEach State Party shall:(a) take the necessary measures to ensure the safeguarding of the intangible culturalheritage present in its territory;(b) among the safeguarding measures referred to in Article 2, paragraph 3, identifyand define the various elements of the intangible cultural heritage present in itsterritory, with the participation of communities, groups and relevant non-governmental organizations.Article 12 – Inventories1. To ensure identification with a view to safeguarding, each State Party shall draw up, ina manner geared to its own situation, one or more inventories of the intangible cultural heritage present in its territory. These inventories shall be regularly updated.2. When each State Party periodically submits its report to the Committee, in accordance with Article 29, it shall provide relevant information on such inventories.Article 13 – Other measures for safeguardingTo ensure the safeguarding, development and promotion of the intangible cultural heritage present in its territory, each State Party shall endeavour to:(a) adopt a general policy aimed at promoting the function of the intangible culturalheritage in society, and at integrating the safeguarding of such heritage intoplanning programmes;(b) designate or establish one or more competent bodies for the safeguarding of theintangible cultural heritage present in its territory;(c) foster scientific, technical and artistic studies, as well as research methodologies,with a view to effective safeguarding of the intangible cultural heritage, inparticular the intangible cultural heritage in danger;(d) adopt appropriate legal, technical, administrative and financial measures aimed at:(i) fostering the creation or strengthening of institutions for training in themanagement of the intangible cultural heritage and the transmission of suchheritage through forums and spaces intended for the performance orexpression thereof;(ii) ensuring access to the intangible cultural heritage while respecting customary practices governing access to specific aspects of such heritage;(iii) establishing documentation institutions for the intangible cultural heritage and facilitating access to them.Article 14 – Education, awareness-raising and capacity-buildingEach State Party shall endeavour, by all appropriate means, to:(a) ensure recognition of, respect for, and enhancement of the intangible culturalheritage in society, in particular through:(i) educational, awareness-raising and information programmes, aimed at thegeneral public, in particular young people;(ii) specific educational and training programmes within the communities and groups concerned;(iii) capacity-building activities for the safeguarding of the intangible cultural heritage, in particular management and scientific research; and(iv) non-formal means of transmitting knowledge;(b) keep the public informed of the dangers threatening such heritage, and of theactivities carried out in pursuance of this Convention;(c) promote education for the protection of natural spaces and places of memorywhose existence is necessary for expressing the intangible cultural heritage.Article 15 – Participation of communities, groups and individualsWithin the framework of its safeguarding activities of the intangible cultural heritage, each State Party shall endeavour to ensure the widest possible participation of communities, groups and, where appropriate, individuals that create, maintain and transmit such heritage, and to involve them actively in its management.IV. Safeguarding of the intangible cultural heritage at the international levelArticle 16 – Representative List of the Intangible Cultural Heritage of Humanity1. In order to ensure better visibility of the intangible cultural heritage and awareness of its significance, and to encourage dialogue which respects cultural diversity, the Committee, upon the proposal of the States Parties concerned, shall establish, keep up to date and publisha Representative List of the Intangible Cultural Heritage of Humanity.2. The Committee shall draw up and submit to the General Assembly for approval the criteria for the establishment, updating and publication of this Representative List.Article 17 – List of Intangible Cultural Heritage in Need of Urgent Safeguarding1. With a view to taking appropriate safeguarding measures, the Committee shall establish, keep up to date and publish a List of Intangible Cultural Heritage in Need of Urgent Safeguarding, and shall inscribe such heritage on the List at the request of the State Party concerned.2. The Committee shall draw up and submit to the General Assembly for approval the criteria for the establishment, updating and publication of this List.3. In cases of extreme urgency – the objective criteria of which shall be approved by the General Assembly upon the proposal of the Committee – the Committee may inscribe an item of the heritage concerned on the List mentioned in paragraph 1, in consultation with the State Party concerned.Article 18 – Programmes, projects and activities for the safeguardingof the intangible cultural heritage1. On the basis of proposals submitted by States Parties, and in accordance with criteria to be defined by the Committee and approved by the General Assembly, the Committee shall periodically select and promote national, subregional and regional programmes, projects andactivities for the safeguarding of the heritage which it considers best reflect the principles and objectives of this Convention, taking into account the special needs of developing countries.2. To this end, it shall receive, examine and approve requests for international assistance from States Parties for the preparation of such proposals.3. The Committee shall accompany the implementation of such projects, programmes and activities by disseminating best practices using means to be determined by it.V. International cooperation and assistanceArticle 19 – Cooperation1. For the purposes of this Convention, international cooperation includes, inter alia, the exchange of information and experience, joint initiatives, and the establishment of a mechanism of assistance to States Parties in their efforts to safeguard the intangible cultural heritage.2. Without prejudice to the provisions of their national legislation and customary law and practices, the States Parties recognize that the safeguarding of intangible cultural heritage is of general interest to humanity, and to that end undertake to cooperate at the bilateral, subregional, regional and international levels.Article 20 – Purposes of international assistanceInternational assistance may be granted for the following purposes:(a) the safeguarding of the heritage inscribed on the List of Intangible CulturalHeritage in Need of Urgent Safeguarding;(b) the preparation of inventories in the sense of Articles 11 and 12;(c) support for programmes, projects and activities carried out at the national,subregional and regional levels aimed at the safeguarding of the intangiblecultural heritage;(d) any other purpose the Committee may deem necessary.Article 21 – Forms of international assistanceThe assistance granted by the Committee to a State Party shall be governed by the operational directives foreseen in Article 7 and by the agreement referred to in Article 24, and may take the following forms:(a) studies concerning various aspects of safeguarding;(b) the provision of experts and practitioners;(c) the training of all necessary staff;(d) the elaboration of standard-setting and other measures;(e) the creation and operation of infrastructures;(f) the supply of equipment and know-how;(g) other forms of financial and technical assistance, including, where appropriate, thegranting of low-interest loans and donations.Article 22 – Conditions governing international assistance1. The Committee shall establish the procedure for examining requests for international assistance, and shall specify what information shall be included in the requests, such as the measures envisaged and the interventions required, together with an assessment of their cost.2. In emergencies, requests for assistance shall be examined by the Committee as a matter of priority.3. In order to reach a decision, the Committee shall undertake such studies and consultations as it deems necessary.Article 23 – Requests for international assistance1. Each State Party may submit to the Committee a request for international assistance for the safeguarding of the intangible cultural heritage present in its territory.2. Such a request may also be jointly submitted by two or more States Parties.3. The request shall include the information stipulated in Article 22, paragraph 1, together with the necessary documentation.Article 24 – Role of beneficiary States Parties1. In conformity with the provisions of this Convention, the international assistance granted shall be regulated by means of an agreement between the beneficiary State Party and the Committee.2. As a general rule, the beneficiary State Party shall, within the limits of its resources, share the cost of the safeguarding measures for which international assistance is provided.3. The beneficiary State Party shall submit to the Committee a report on the use made of the assistance provided for the safeguarding of the intangible cultural heritage.VI. Intangible Cultural Heritage FundArticle 25 – Nature and resources of the Fund1. A “Fund for the Safeguarding of the Intangible Cultural Heritage”, hereinafter referred to as “the Fund”, is hereby established.2. The Fund shall consist of funds-in-trust established in accordance with the Financial Regulations of UNESCO.3. The resources of the Fund shall consist of:(a) contributions made by States Parties;(b) funds appropriated for this purpose by the General Conference of UNESCO;(c) contributions, gifts or bequests which may be made by:(i) otherStates;(ii) organizations and programmes of the United Nations system, particularly the United Nations Development Programme, as well as other internationalorganizations;(iii) public or private bodies or individuals;(d) any interest due on the resources of the Fund;(e) funds raised through collections, and receipts from events organized for thebenefit of the Fund;(f) any other resources authorized by the Fund’s regulations, to be drawn up by theCommittee.4. The use of resources by the Committee shall be decided on the basis of guidelines laid down by the General Assembly.5. The Committee may accept contributions and other forms of assistance for general and specific purposes relating to specific projects, provided that those projects have been approved by the Committee.6. No political, economic or other conditions which are incompatible with the objectives of this Convention may be attached to contributions made to the Fund.Article 26 – Contributions of States Parties to the Fund1. Without prejudice to any supplementary voluntary contribution, the States Parties to this Convention undertake to pay into the Fund, at least every two years, a contribution, the amount of which, in the form of a uniform percentage applicable to all States, shall be determined by the General Assembly. This decision of the General Assembly shall be taken by a majority of the States Parties present and voting which have not made the declaration referred to in paragraph 2 of this Article. In no case shall the contribution of the State Party exceed 1% of its contribution to the regular budget of UNESCO.2. However, each State referred to in Article 32 or in Article 33 of this Convention may declare, at the time of the deposit of its instruments of ratification, acceptance, approval or accession, that it shall not be bound by the provisions of paragraph 1 of this Article.3. A State Party to this Convention which has made the declaration referred to in paragraph 2 of this Article shall endeavour to withdraw the said declaration by notifying the Director-General of UNESCO. However, the withdrawal of the declaration shall not takeeffect in regard to the contribution due by the State until the date on which the subsequent session of the General Assembly opens.4. In order to enable the Committee to plan its operations effectively, the contributions of States Parties to this Convention which have made the declaration referred to in paragraph 2 of this Article shall be paid on a regular basis, at least every two years, and should be as close as possible to the contributions they would have owed if they had been bound by the provisions of paragraph 1 of this Article.5. Any State Party to this Convention which is in arrears with the payment of its compulsory or voluntary contribution for the current year and the calendar year immediately preceding it shall not be eligible as a Member of the Committee; this provision shall not apply to the first election. The term of office of any such State which is already a Member of the Committee shall come to an end at the time of the elections provided for in Article 6 of this Convention.Article 27 – Voluntary supplementary contributions to the FundStates Parties wishing to provide voluntary contributions in addition to those foreseen under Article 26 shall inform the Committee, as soon as possible, so as to enable it to plan its operations accordingly.Article 28 – International fund-raising campaignsThe States Parties shall, insofar as is possible, lend their support to international fund-raising campaigns organized for the benefit of the Fund under the auspices of UNESCO.VII. ReportsArticle 29 – Reports by the States PartiesThe States Parties shall submit to the Committee, observing the forms and periodicity to be defined by the Committee, reports on the legislative, regulatory and other measures taken for the implementation of this Convention.Article 30 – Reports by the Committee1. On the basis of its activities and the reports by States Parties referred to in Article 29, the Committee shall submit a report to the General Assembly at each of its sessions.2. The report shall be brought to the attention of the General Conference of UNESCO.VIII. Transitional clauseArticle 31 – Relationship to the Proclamation of Masterpieces of the Oral andIntangible Heritage of Humanity1. The Committee shall incorporate in the Representative List of the Intangible Cultural Heritage of Humanity the items proclaimed “Masterpieces of the Oral and Intangible Heritage of Humanity” before the entry into force of this Convention.2. The incorporation of these items in the Representative List of the Intangible Cultural Heritage of Humanity shall in no way prejudge the criteria for future inscriptions decided upon in accordance with Article 16, paragraph 2.3. No further Proclamation will be made after the entry into force of this Convention.IX. Final clausesArticle 32 – Ratification, acceptance or approval1. This Convention shall be subject to ratification, acceptance or approval by States Members of UNESCO in accordance with their respective constitutional procedures.2. The instruments of ratification, acceptance or approval shall be deposited with the Director-General of UNESCO.Article 33 – Accession1. This Convention shall be open to accession by all States not Members of UNESCO that are invited by the General Conference of UNESCO to accede to it.2. This Convention shall also be open to accession by territories which enjoy full internal self-government recognized as such by the United Nations, but have not attained full independence in accordance with General Assembly resolution 1514 (XV), and which have competence over the matters governed by this Convention, including the competence to enter into treaties in respect of such matters.3. The instrument of accession shall be deposited with the Director-General of UNESCO.Article 34 – Entry into forceThis Convention shall enter into force three months after the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with respect to those States that have deposited their respective instruments of ratification, acceptance, approval, or accession on or before that date. It shall enter into force with respect to any other State Party three months after the deposit of its instrument of ratification, acceptance, approval or accession.Article 35 – Federal or non-unitary constitutional systemsThe following provisions shall apply to States Parties which have a federal or non-unitary constitutional system:(a) with regard to the provisions of this Convention, the implementation of whichcomes under the legal jurisdiction of the federal or central legislative power, theobligations of the federal or central government shall be the same as for thoseStates Parties which are not federal States;(b) with regard to the provisions of this Convention, the implementation of whichcomes under the jurisdiction of individual constituent States, countries, provincesor cantons which are not obliged by the constitutional system of the federation to。

美国专利常用词汇abandonment of a patent 放弃专利权abandonment of a patent application 放弃专利申请abridgment 文摘abstract 文摘(摘要)abuse of patent 滥用专利权action for infringement of patent 专利侵权诉讼action of a patent 专利诉讼address for service 文件送达地址affidavit 誓书allowance 准许amendment 修改annual fee 年费annuity 年费anticipation 占先appeal 上诉appellation of origin 原产地名称applicant for patent 专利申请人application date 申请日期application documents 申请案文件application fee 申请费application for patent 专利申请(案)application laying open for public inspection 公开供公众审查的申请application number 申请号application papers 申请案文件arbitration 仲裁art 技术article of manufacture 制品assignee 受让人assignment 转让assignor 转让人author of the invention 发明人author's certificate 发明人证书basic patent 基本专利Berne Convention 伯尔尼公约Berne Union 伯尔尼联盟best mode 最佳方式bibliographic data 著录资料BIRPI 保护知识产权联合国国际局board of appeals 申诉委员会breach of confidence 泄密Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure 国际承认用于专利程序的微生物保存布达佩斯条约burden of proof 举证责任case law 判例法caveat 预告certificate of addition 增补证书certificate of correction 更正证明书certificate of patent 专利证书certified copy 经认证的副本Chemical Abstracts 化学文摘citation 引证claim 权项classifier 分类员co-applicants 共同申请人co-inventors 共同发明人color coding 色码制commissioner 专利局长Community Patent Convention 共同体专利公约complete application 完整的申请案complete description 完整的叙述complete specification 完整的说明书comptroller 专利局长compulsory license 强制许可证conception 概念conception date 概念日期confidential application 机密申请confidential information 保密情报conflict award 冲突裁定conflict procedure 冲突程序conflicting applications 冲突申请案continuation application 继续申请continuation-in-part application 部分继续申请案contractual license 契约性许可证contributory infringement 简介侵犯convention application 公约申请convention country 公约国convention date 公约日期Convention Establishing the World Intellectual Property Organization 建立世界知识产权组织公约convention period 公约期限convention priority 公约优先权copyright 版权correction slip 勘误表counter pleadings 反诉状counterclaim 反诉country code 国家代号cross license 交叉许可证data 资料data exchange agreement 资料交换协议data of application 申请日期date of grant 授予日期date of issue 颁发日期date of patent 专利日期date of publication 公布日期dedication to the public 捐献于公众defendant 被告人defenses 辩护defensive publication 防卫性公告deferred examination 延迟审查dependent claim 从属权项dependent patent 从属专利Derwent Publications Ltd. 德温特出版有限公司design patent 外观设计专利development 发展disclaimer 放弃权项disclosure 公开division 分案divisional application 分案申请domination patent 支配专利drawing 附图duration of patent 专利有效期economic patent 经济专利effective filing date 实际申请日期employee’s invention雇员发明EPO 欧洲专利局European Patent Office 欧洲专利局ESARIPO 英语非洲工业产权组织European Patent Convention 欧洲专利公约evidence 证据examination 审查examination countries 审查制国家examination for novelty 新颖性审查examiner 审查员examiner’s report审查员报告exclusive license 独占性许可证exclusive right 专有权experimental use 实验性使用expired patent 期满专利exploitation of a patent 实施专利exposition priority 展览优先权expropriation 征用extension of term of a patent 延长专利期限fee 费用FICPI 国际工业产权律师联合会file copy 存档原件filing date 申请日期filing fee 申请费filing of an application 提出申请final action 终局决定书first-to-file principle 先申请原则first-to-invention principle 先发明原则force majeure 不可抗力foreign patent application 外国专利申请formal examination 形式审查gazette 公报Geneva Treaty on the International Recording of Scientific Discoveries 关于科学发现国际注册日内瓦条约grace period 宽限期grant of a patent 授予专利权holder of a patent 专利持有人ICIREPAT 专利局间情报检索国际合作巴黎联盟委员会Paris Union Committee for International Cooperation in Information Retrieval among Patent Offices 专利局间情报检索国际合作巴黎联盟委员会IFIA 国际发明人协会联合会International Federation of Inventor’s Association 国际发明人协会联合会IBB 国际专利研究所Institut International des Brevets 国际专利研究所imitation 仿造impeachment 控告improvement 改进improvement patent 改进专利independence of patents 专利独立indication of source 产地标记indirect infringement 间接侵犯industrial applicability 工业实用性industrial design 工业品外观设计industrial property 工业产权information in the public domain 公开情报infringement of a patent 侵犯专利权infringement of a trade mark 侵犯商标权INID 著录资料识别码ICIREPAT Numbers for the Identification of Data 著录资料识别码INPADOC 国际专利文献中心INSPEC 国际物理学和工程情报服务部insufficient disclosure 公开不允分intellectual property 知识产权interdependent patents 相互依存的专利interference procedure 抵触程序interlocutory injunction 中间禁止令interlocutory order 中间命令International Convention for the Protection of New Varieties of Plants 保护植物新品种国际公约International Patent Classification Agreement 国际专利分类协定International Preliminary Examining Authority 国际初审单位international protection 国际保护International Searching Authority 国际检索单位invalidation 无效invention 发明inventive step 独创性inventor 发明人inventor’s certificate发明人证书IPC 国际专利分类International Patent Classification 国际专利分类issue of a patent 办法专利joint applicants 共同申请人joint invention 共同发明joint inventors 共同发明人joint patentees 共同专利权人journal 公报judgment 判决junior party 后申请方know-how 技术诀窍lapsed patent 已终止的专利lawsuit of a patent 专利诉讼legal person 法人legend 说明LES International 国际许可贸易执行人协会Licensing Executives Society International 国际许可贸易执行人协会letters patent 专利证书license 许可证license agreement 许可证协议license of course 当然许可证licensing 许可证贸易licensor 许可人Lisbon Agreement for the Protection of Appellations of Origin and their International Registration 保护原产地名称及国际注册里斯本协定Locarno Agreement Establishing an International Classification for Industrial Design 建立工业品外观设计国际分类洛迦诺协定loss of a patent 专利权的丧失Madrid Agreement Concerning the International Registration of Marks 商标国际注册马德里协定Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods 制止商品产地虚假或欺骗性标记马德里协定main patent 主专利maintenance fee 维持费marking 标记memorandum of understanding 谅解备忘录method 方法microforms 微缩文件minimum documentation 最少限度检索文献minimum royalties 最低提成费misuse of patent 滥用专利权mixed license 混合许可证model laws 示范法most-favoured provision 最惠条款name of invention 发明名称national treatment 国民待遇natural person 自然人neighboring rights 邻接权new varieties of plants 植物新品种Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks 商标注册用商品与服务国际分类尼斯协定non-examining countries 不审查制国家non-exclusive license 非独占性许可证non-obviousness 非显而易见性non-use of a patent 不实施专利notary public 公正机关notice of infringement 侵权通知novelty 新颖性OAPI 非洲知识产权组织objection 异议office action 专利局审查决定书opposition 异议originality 独创性owner of a patent 专利所有人parent application 原申请Paris Convention 巴黎公约Paris Union 巴黎联盟patent 专利patent act 专利法patent agent 专利代理人patent applied for 已申请专利patent attorney 专利律师patent classification 专利分类patent documentation 专利文献patent documents 专利文件patent families 同族专利patent for an invention 发明专利patent law 专利法patent license 专利许可证patent number 专利号patent of addition 增补专利patent of confirmation 确认专利patent of importation 输入专利patent of introduction 引进专利patent of revalidation 再效专利patent office 专利局patent pending 专利未决patent right 专利权patent rules 专利实施细则patent system 专利制度patentability 专利性patented invention 专利发明patentee 专利权人patenting 授予专利权PCT 专利合作条约PCT Union 专利合作条约pending application 未决申请period of a patent 专利有效期person skilled in the art 所属技术领域的专业人员petition 请求书petty patent 小专利plaintiff 原告人plant patent 植物专利pleadings 起诉状precautional patent 预告专利precedents 判例prescription 时效prevention of unfair competitionprincipal patent 主专利prior art 先有技术prior use 先用priority 优先权priority claim 优先权声明priority declaration 优先权声明process patent 方法专利processing of an application 申请案的处理product patent 产品专利provisional specification 临时说明书publication 公布reclassification 再分类reexamination 复审refusal 驳回register of patents 专利登记册registered patent 登记专利registered trade mark 注册商标registration 登记registration countries 登记制国家reissue patent 再颁发专利rejection 驳回remedy 补救renewal fee 续展费request 请求书restoration of a lapsed patent 恢复已终止的专利restricted conditions 限制条款review 复审revival of an abandoned application 恢复已放弃的申请revocation of a patent 撤销专利royalties 提成费Science Abstracts 科学文摘scientific discovery 科学发现scope of protection 保护范围seal 盖章search 检索secret patent 机密专利service invention 职务发明service mark 服务标记signature 签署simple license 普通许可证single applicant 单独申请人sliding scale of royalties 滑动提成费sole license 排他性许可证specification 说明书state of the art 先有技术水平statement of claim 诉讼陈述statement of defense 辩护陈述substance patent 物质专利substantive examination 实质性审查succession 继承sufficiency of description 充分描述technical assistance 技术协助technical data 技术资料technology transfer 技术转移temporary protection 临时保护term of a patent 专利有效期The Hague Agreement Concerning the International Deposit of Industrial Designs 工业品外观设计国际保存海牙协定title of invention 发明名称title to patent 专利所有权trade mark 商标Trademark Registration Treaty 商标注册条约trade name 厂商名称trial 审判unfair competition 不正当竞争unity of invention 发明单一性Universal Copyright Convention 世界版权公约unpatentable subject matter 不能取得专利的主题use patent 用途专利utility certificate 实用证书utility model 实用新型Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks 建立商标图形要素国际分类维也纳协定Vienna Agreement for the Protection of Type Faces and their International Deposit 印刷字体保护及其国际保存维也纳协定WIPO 世界知识产权组织withdrawal of an application 撤回申请witness 证人working of a patent 实施专利World Intellectual Property Organization 世界知识产权组这WPI 世界专利索引World Patent Index 世界专利索引。

TRIPS: TEXT OF THE AGREEMENTAgreement on Trade-Related Aspects of Intellectual Property Rights与贸易有关的知识产权协定（ TRIPS协定是1994年4月15日在摩洛哥马拉喀什签署的《成立世界贸易组织马拉喀什协定》中的附件1C。

）The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994.与贸易有关的知识产权协定的前言PREAMBLE to the Agreement on Trade-Related Aspects of Intellectual Property Rights第一部分总则和基本原则PART I General Provisions and Basic Principles第二部分关于知识产权的效力、范畴和应用时的规范PART II Standards Concerning the Availability, Scope and Use of Intellectual Property Rights1. 著作权和相关的权利Copyright and Related Rights2. 商标Trademarks3. 地理标识Geographical Indications4. 工业品外观设计Industrial Designs5. 专利Patents6. 集成电路布局设计（拓扑图）Layout-Designs (Topographies) of Integrated Circuits7. 对未公开信息的保护Protection of Undisclosed Information8.对许可契约中限制竞争行为的抑制Control of Anti-Competitive Practices in Contractual Licences 第三部分知识产权的实施PART III Enforcement of Intellectual Property Rights1. 基本责任General Obligations2. 民事和行政程序及其救济措施Civil and Administrative Procedures and Remedies3. 临时措施Provisional Measures4. 与边境措施相关的专门要求Special Requirements Related to Border Measures5. 刑事程序Criminal Procedures第四部分知识产权的取得和维持以及当事人之间的相关程序PART IV Acquisition and Maintenance of Intellectual Property Rights and RelatedInter-Partes Procedures第五部分争端的防止和解决PART V Dispute Prevention and Settlement第六部分过渡性安排PART VI Transitional Arrangements第七部分机构安排；最后条款PART VII Institutional Arrangements; Final Provisions全体成员，Members,因渴望减少国际贸易中的被扭曲与障碍，认为必须提高知识产权有效和充分的保护，并应同时确保知识产权行施中的措施和程序其本身不成为合法贸易中的障碍；所以确认需要下列方面的新规则和自律准则：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 newrules and disciplines concerning:(a)关于《1994年关贸总协定（GATT）》和有关国际知识产权协定或公约基本原则的应用；the applicability of the basic principles of GATT 1994 and of relevant international intellectual property agreements or conventions;(b) 关于涉及贸易的知识产权的效力、范畴和应用的适用规范和原则性规定;the provision of adequate standards and principles concerning the availability, scope and use of trade-related intellectual property rights;(c) 关于在考虑各国法律制度之间差异的前提下，实施涉及贸易的知识产权时有效与适宜方式的规定；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) 关于多边参与防止和解决政府间争端的有效与迅速的反应程序的规定；以及the provision of effective and expeditious procedures for the multilateral prevention and settlement of disputes between governments; and(e) 关于为充分分享国际谈判的成果所进行的过渡性安排；transitional arrangements aiming at the fullest participation in the results of the negotiations;且确认，需要拥有一个关于处理国际贸易中假冒商品问题的原则、规则和纪律的多边框架；Recognizing the need for a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods;且确认，知识产权属于私权；Recognizing that intellectual property rights are private rights;且确认，知识产权国家保护制度中基本的政府政策目标，包括开发保护的目标和技术保护的目标；Recognizing the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives;且确认，最不发达国家成员国内法律法规实施时关于最高灵活性的特殊需求，从而使其在本协定实施时能具备健全可行的技术性基础；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;需要强调，通过多边程序解决与贸易有关的知识产权争端，重视承诺，从而减少紧张关系的重要性；Emphasizing the importance of reducing tensions by reaching strengthened commitments to resolve disputes on trade-related intellectual property issues through multilateral procedures;期望在WTO与世界知识产权组织（本协定中简称“WIPO”）以及其他有关国际组织之间建立一种相互支持的关系；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;因此通过协定如下：Hereby agree as follows:第一部分总则和基本原则Part I — General Provisions and Basic Principles第1条责任的性质和范围Article 1 Nature and Scope of Obligations1. 各成员均必须实行本协定中的规定，各成员可以但并无义务，在其法律中实施比本协定要求更广泛的保护，只要此种保护不违反本协定的规定。

巴黎公约与TRIPS协议巴黎公约（The Paris Convention）和TRIPS协议（The Agreement on Trade-Related Aspects of Intellectual Property Rights）都是与知识产权保护相关的重要国际法律文件。

这两个协议对于全球知识产权保护和推动国际贸易具有重要意义。

首先，巴黎公约于1883年签署，是世界上第一个涉及知识产权保护的国际公约。

巴黎公约的主要目的是通过设立一套国际制度，保护工业产权和商业品牌的创造者和持有人的权益，以促进国际贸易的发展。

该公约规定了一些基本原则，如国际优先权、落地原则和非歧视原则。

一方面，巴黎公约通过国际优先权原则，允许在一个国家申请专利、商标或工业设计的人，在一定时间内在其他公约成员国内申请，享受与在本国申请同等的权益。

这一原则有助于避免发明人因于多个国家申请专利而承担过多的成本和复杂的程序。

落地原则则要求公约成员国在其领土上对他国的专利、商标和工业设计享有同等保护。

另一方面，巴黎公约要求公约成员国对来自其他成员国的专利、商标和工业设计实行非歧视待遇。

这意味着成员国不得以国别歧视的方式对待外国的知识产权，确保跨国公司和创新者在国际贸易中享有公平和平等的竞争环境。

TRIPS协议于1994年在世界贸易组织（WTO）建立之时签署，是一个更为全面和细致的国际知识产权保护框架。

TRIPS协议旨在确保知识产权在国际贸易中得到有效保护，同时在知识产权相关政策和法律方面促进成员国之间的协调。

TRIPS协议的主要内容包括对各种知识产权的保护，如版权、商标、专利、工业设计和地理标志等。

该协议要求成员国在其国内法律中建立一套有效的知识产权保护制度，并提供相应的执行和刑事追究机制。

TRIPS协议还规定了一些灵活性原则，旨在平衡知识产权保护和公共利益。

例如，协议允许成员国在国家紧急情况下违反专利法，以满足对公众的需求，如保障公众健康、粮食安全和公共教育等。

巴黎知识产权公约
巴黎知识产权公约是国际间的一项重要法律合约，全名为《关于工业产权的巴黎公约》（Paris Convention for the Protection
of Industrial Property)。

该公约于1883年3月20日在法国巴黎
签署，旨在保护和促进工业产权的国际交流和保护。

巴黎公约是世界上最古老、最重要的知识产权保护国际公约之一。

它确立了一系列国际标准和原则，为各国之间的知识产权交流提供了基础规则。

公约规定了各国要求知识产权保护的最低要求，包括专利、商标、工业设计和商业名称等。

公约的主要内容包括：
1. 国际分级：确立了国际专利申请的分级制度，即优先权原则，即一旦在某一缔约国内递交了专利申请，该申请的优先权可以在其他缔约国内得到承认。

2. 补充专利保护：规定了对于同一发明在其他缔约国内的补充专利保护。

3. 商标保护：确立了对商标的国际保护原则和国际分级制度。

4. 工业设计保护：规定了在申请工业设计专利时的一些原则和程序。

5. 办公人员：建立了国际专利局（WIPO）作为执行机构。

巴黎公约的目标是加强国际知识产权保护，促进创新和技术交流，并为创造者提供公平竞争和保护的环境。

目前，公约已经有近200个国家加入，并持续对世界范围内的知识产权保护起到重要的指导作用。