Book contents
- Frontmatter
- Contents
- Preface
- PART I General instruments
- PART II Atmosphere
- PART III Oceans: global
- PART IIIB Oceans: regional
- PART IV Freshwater resources
- PART V Biodiversity
- PART VIA Hazardous substances and activities: nuclear
- PART VIB Hazardous substances and activities: pesticides
- PART VIC Hazardous substances and activities: waste
- PART VII Human rights and the environment
- PART VIII War and the environment
- PART IX Trade and the environment
- 37 Agreement Establishing the World Trade Organization, 15 April 1994 (extracts)
- 37A General Agreement on Tariffs and Trade, 1947/1994 (extracts)
- 37B Agreement on Technical Barriers to Trade (extracts)
- 37C Agreement on the Application of Sanitary and Phythosanitary Measures (extracts)
- 37D Agreement on Trade Related Aspects of Intellectual Property Rights (extracts)
- PART X Environmental impact assessment and access to information
- PART XI Liability for environmental damage and breaches of environmental obligations
- PART XII The Antarctic
37D - Agreement on Trade Related Aspects of Intellectual Property Rights (extracts)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- PART I General instruments
- PART II Atmosphere
- PART III Oceans: global
- PART IIIB Oceans: regional
- PART IV Freshwater resources
- PART V Biodiversity
- PART VIA Hazardous substances and activities: nuclear
- PART VIB Hazardous substances and activities: pesticides
- PART VIC Hazardous substances and activities: waste
- PART VII Human rights and the environment
- PART VIII War and the environment
- PART IX Trade and the environment
- 37 Agreement Establishing the World Trade Organization, 15 April 1994 (extracts)
- 37A General Agreement on Tariffs and Trade, 1947/1994 (extracts)
- 37B Agreement on Technical Barriers to Trade (extracts)
- 37C Agreement on the Application of Sanitary and Phythosanitary Measures (extracts)
- 37D Agreement on Trade Related Aspects of Intellectual Property Rights (extracts)
- PART X Environmental impact assessment and access to information
- PART XI Liability for environmental damage and breaches of environmental obligations
- PART XII The Antarctic
Summary
[…]
Article 27
Patentable subject matter
1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
2. Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.
3. Members may also exclude from patentability:
(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement.
- Type
- Chapter
- Information
- Documents in International Environmental Law , pp. 1020Publisher: Cambridge University PressPrint publication year: 2004