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Article 27  Patentable Subject Matter27  可授予专利的客体

1.Subject to the provisions of paragraphs 2 and 3patents shall be available for any inventionswhether products or processesin all fields of technology, provided that they are newinvolve an inventive step and are capable of industrial application.5  Subject to paragraph 4 of Article 65paragraph 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 inventionthe field of technology and whether products are imported or locally produced.



2. Members may exclude from patentability inventionsthe prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality including to protect humananimal or plant life or health or to avoid serious prejudice to the environmentprovided that such exclusion is not made merely because the exploitation is prohibited by their law.



3. Members may also exclude from patentability:各成员也可不对以下发明授予专利权:

(a) diagnostictherapeutic 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. HoweverMembers 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.



Article 28  Rights Conferred28  授予的权利

1. A patent shall confer on its owner the following exclusive rights



(a) where the subject matter of a patent is a productto prevent third parties not having the owner's consent from the acts ofmakingusingoffering for salesellingor importing6 for these purposes that product



(b) where the subject matter of a patent is a process, to prevent third parties not having the owner's consent from the act of using the process, and from the acts ofusingoffering for salesellingor importing for these purposes at least the product obtained directly by that process.



2. Patent owners shall also have the right to assign, or transfer by successionthe patent and to conclude licensing contracts.



Article 29  Conditions on Patent Applicants29  专利申请人的条件

1. Members shall require that an applicant for a patent shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art and may require the applicant to indicate the best mode for carrying out the invention known to the inventor at the filing date orwhere priority is claimedat the priority date of the application.



2. Members may require an applicant for a patent to provide information concerning the applicant's corresponding foreign applications and grants.



Article 30  Exceptions to Rights Conferred30  授予权利的例外

Members may provide limited exceptions to the exclusive rights conferred by a patent provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner taking account of the legitimate interests of third parties.



Article 31  Other Use Without Authorization of the Right Holder

31  未经权利持有人授权的其他使用


Where the law of a Member allows for other use7 of the subject matter of a patent without the authorization of the right holderincluding use by the government or third parties authorized by the governmentthe following provisions shall be respected



(a) authorization of such use shall be considered on its individual merits



(b) such use may only be permitted ifprior to such usethe proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. This requirement may be waived by a Member in the case of a national emergencyor other circumstances of extreme urgency or in cases of public non-commercial use. In situations of national emergency or other circumstances of extreme urgencythe right holder shallneverthelessbe notified as soon as reasonably practicable. In the case of public non-commercial usewhere the government or contractorwithout making a patent searchknows or has demonstrable grounds to know that a valid patent is or will be used by or for the governmentthe right holder shall be informed promptly



(c) the scope and duration of such use shall be limited to the purpose for which it was authorizedand in the case of semi-conductor technology shall only be for public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive

(a)  这种使用的范围和期限应限于被授权的目的,如若是半导体技术,则只能应用于公共



(d) such use shall be non-exclusive;这种使用应是非独占性的;


(e) such use shall be non-assignableexcept with that part of the enterprise or goodwill which enjoys such use



(f) any such use shall be authorized predominantly for the supply of the domestic market of the Member authorizing such use



(g) authorization for such use shall be liable, subject to adequate protection of the legitimate interests of the persons so authorized, to be terminated if and when the circumstances which led to it cease to exist and are unlikely to recur. The competent authority shall have the authority to reviewupon motivated requestthe continued existence of these circumstances



(h) the right holder shall be paid adequate remuneration in the circumstances of each casetaking into account the economic value of the authorization



(i) the legal validity of any decision relating to the authorization of such use shall be subject to judicial review or other independent review by a distinct higher authority in that Member



(j) any decision relating to the remuneration provided in respect of such use shall be subject to judicial review or other independent review by a distinct higher authority in that Member



(k) Members are not obliged to apply the conditions set forth in subparagraphs (b) and (f) where such use is permitted to remedy a practice determined after judicial or administrative process to be anti-competitive. The need to correct anti-competitive practices may be taken into account in determining the amount of remuneration in such cases. Competent authorities shall have the authority to refuse termination of authorization if and when the conditions which led to such authorization are likely to recur



(l) where such use is authorized to permit the exploitation of a patent (the second patent) which cannot be exploited without infringing another patent (the first patent)the following additional conditions shall apply



(i) the invention claimed in the second patent shall involve an important technical advance of considerable economic significance in relation to the invention claimed in the first patent



(ii) the owner of the first patent shall be entitled to a cross-licence on reasonable terms to use the invention claimed in the second patentand



(iii) the use authorized in respect of the first patent shall be non-assignable except with the assignment of the second patent.



Article 32  Revocation/Forfeiture32  撤销/无效

An opportunity for judicial review of any decision to revoke or forfeit a patent shall be available.



Article 33  Term of Protection33  保护期限

The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date.8