最低保护标准原则教学讲义.ppt

Unit 11 TRIPS TextⅠ The TRIPS Agreement -To learn about the background of concluding TRIPS, the scope and the main principles thereof Text Ⅱ TRIPS: Part I: Art.1-Art. 8 Part VII: Art. 68, Art. 71-Art. 73 -To learn some principles of TRIPS through reading part of TRIPS Typical Sentence Patterns: litigation instruments (I) TextⅠ The TRIPS Agreement Useful expressions: to date (adverbial), lay-out design, set out / set off / set down / lay down, confer (right, degree, honor) on sb., exception to (prep.), term / duration of protection, by reference, be silent on / as to., remedy for, right holder, provide for, flow from, phase in cf. phase out, be left free to do sth., accord sth. to sb., have a close attachment to sb. / sth., benefit (vt.) cf. benefit from, material reciprocity, become barriers to sth., legitimate trade, in conjunction with, be conducive to Terms: minimum standards, moral right, provisional measure, border measure, NT, MFN Proper names: TRIPS, Berne and Paris-plus agreement, IPRs, the 1986 Punta del Este Declaration, the 1988/99 Mid-Term Review Major contents of Text I Full text: /english/docs_e/legal_e/27-trips_01_e.htm Summary: /english/docs_e/legal_e/ursum_e.htm#nAgreement Chinese version: /zccqfg/swzcqf/873.html 1.General information of TRIPS: effective date, function, scope of protection 2. Three main features: -minimum standards agreement (Part I, Arts. 1 (1), 2): meaning and how? -enforcement of IPRs (Part III): : general and additional principles -dispute settlement procedures (Part V): subject to the WTO’s dispute settlement procedures 3. Certain general provisions: embodied in the Preamble and Part I moral right 精神权利 、著作人身权 -see Part II, Section 1, Art. 9 (1) -The only provisions of the Berne Convention which have not been incorporated into TRIPS concern moral rights. Moral rights are the right of the author to control certain uses of their works to protect their reputation as artists, and for their authorship to