马拉喀什建立世界贸易组织协定(英文本)
建立世界贸易组织马拉喀什协定 (AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION)
AGREEMENT ESTABLISHING THEWORLD TRADE ORGANIZATIONThe Parties to this Agreement,Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development,Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,Agree as follows:Article IEstablishment of the OrganizationThe World Trade Organization (hereinafter referred to as "the WTO") is hereby established.Article IIScope of the WTO1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.2. The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as "Multilateral Trade Agreements") are integral parts of this Agreement, binding on all Members.3. The agreements and associated legal instruments included in Annex 4 (hereinafter referred to as "Plurilateral Trade Agreements") are also part of this Agreement for those Members that have accepted them, and are binding on those Members. The Plurilateral Trade Agreements do not create either obligations or rights for Members that have not accepted them.4. The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafterreferred to as "GATT 1994") is legally distinct from the General Agreement on Tariffs and Trade,dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, assubsequently rectified, amended or modified (hereinafter referred to as "GATT 1947").Article IIIFunctions of the WTO1. The WTO shall facilitate the implementation, administration and operation, and further theobjectives, of this Agreement and of the Multilateral Trade Agreements, and shall also provide theframework for the implementation, administration and operation of the Plurilateral Trade Agreements.2. The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference.3. The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as the "Dispute Settlement Understanding" or "DSU") in Annex 2 to this Agreement.4. The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the "TPRM") provided for in Annex 3 to this Agreement.5. With a view to achieving greater coherence in global economic policy-making, the WTO shall cooperate, as appropriate, with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies.Article IVStructure of the WTO1. There shall be a Ministerial Conference composed of representatives of all the Members, which shall meet at least once every two years. The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by a Member, in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement.2. There shall be a General Council composed of representatives of all the Members, which shall meet as appropriate. In the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council. The General Council shall also carry out the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the rules of procedure for the Committees provided for in paragraph 7.3. The General Council shall convene as appropriate to discharge the responsibilities of the Dispute Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.4. The General Council shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.5. There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "Council for TRIPS"), which shall operate under the general guidance of the General Council. The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter referred to as "GATS"). The Council for TRIPS shall oversee the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "Agreement on TRIPS"). These Councils shall carry out the functions assigned to them by their respective agreements and by the General Council. They shall establish their respective rules of procedure subject to the approval of the General Council. Membership in these Councils shall be open to representatives of all Members. These Councils shall meet as necessary to carry out their functions.6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective rules of procedure subject to the approval of their respective Councils.7. The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade Agreements, and any additional functions assigned to them by the General Council, and may establish such additional Committees with such functions as it may deem appropriate. As part of its functions, the Committee on Trade and Development shall periodically review the special provisions in the Multilateral Trade Agreements in favour of the least-developed country Members and report to the General Council for appropriate action. Membership in these Committees shall be open to representatives of all Members.8. The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO. These bodies shall keep the General Council informed of their activities on a regular basis.Article VRelations with Other Organizations1. The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental organizations that have responsibilities related to those of the WTO.2. The General Council may make appropriate arrangements for consultation and cooperation with non-governmental organizations concerned with matters related to those of the WTO.Article VIThe Secretariat1. There shall be a Secretariat of the WTO (hereinafter referred to as “the Secretariat”) headed by a Director-General.2. The Ministerial Conference shall appoint the Director-General and adopt regulations settingout the powers, duties, conditions of service and term of office of the Director-General.3. The Director-General shall appoint the members of the staff of the Secretariat and determinetheir duties and conditions of service in accordance with regulations adopted by the MinisterialConference.4. The responsibilities of the Director-General and of the staff of the Secretariat shall beexclusively international in character. In the discharge of their duties, the Director-General and thestaff of the Secretariat shall not seek or accept instructions from any government or any other authority external to the WTO. They shall refrain from any action which might adversely reflect ontheir position as international officials. The Members of the WTO shall respect the internationalcharacter of the responsibilities of the Director-General and of the staff of the Secretariat and shall notseek to influence them in the discharge of their duties.Article VIIBudget and Contributions1. The Director-General shall present to the Committee on Budget, Finance and Administrationthe annual budget estimate and financial statement of the WTO. The Committee on Budget, Financeand Administration shall review the annual budget estimate and the financial statement presented by the Director-General and make recommendations thereon to the General Council. The annual budget estimate shall be subject to approval by the General Council.2. The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out:(a) the scale of contributions apportioning the expenses of the WTO among its Members;and(b) the measures to be taken in respect of Members in arrears.The financial regulations shall be based, as far as practicable, on the regulations and practices of GATT 1947.3. The General Council shall adopt the financial regulations and the annual budget estimate by a two-thirds majority comprising more than half of the Members of the WTO.4. Each Member shall promptly contribute to the WTO its share in the expenses of the WTO in accordance with the financial regulations adopted by the General Council.Article VIIIStatus of the WTO1. The WTO shall have legal personality, and shall be accorded by each of its Members such legal capacity as may be necessary for the exercise of its functions.2. The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions.3. The officials of the WTO and the representatives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO.4. The privileges and immunities to be accorded by a Member to the WTO, its officials, and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General Assembly of the United Nations on 21 November 1947.5. The WTO may conclude a headquarters agreement.Article IXDecision-Making1. The WTO shall continue the practice of decision-making by consensus followed under GATT 1947.1 Except as otherwise provided, where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their member States2 which are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be taken by a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant Multilateral Trade Agreement.32. The Ministerial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision to adopt an interpretation shall be taken by a three-fourths majority of the Members. This paragraph shall not be used in a manner that would undermine the amendment provisions in Article X.3. In exceptional circumstances, the Ministerial Conference may decide to waive an obligation imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that any such decision shall be taken by three fourths4 of the Members unless otherwise provided for in this paragraph.(a) A request for a waiver concerning this Agreement shall be submitted to theMinisterial Conference for consideration pursuant to the practice of decision-makingby consensus. The Ministerial Conference shall establish a time-period, which shallnot exceed 90 days, to consider the request. If consensus is not reached during thetime-period, any decision to grant a waiver shall be taken by three fourths4 of theMembers.1 The body concerned shall be deemed to have decided by consensus on a matter submitted for its consideration, if no Member, present at the meeting when the decision is taken, formally objects to the proposed decision.2 The number of votes of the European Communities and their member States shall in no case exceed the number of the member States of the European Communities.3 Decisions by the General Council when convened as the Dispute Settlement Body shall be taken only in accordance with the provisions of paragraph4 of Article 2 of the Dispute Settlement Understanding.4 A decision to grant a waiver in respect of any obligation subject to a transition period or a period for staged implementation that the requesting Member has not performed by the end of the relevant period shall be taken only by consensus.(b) A request for a waiver concerning the Multilateral Trade Agreements in Annexes 1Aor 1B or 1C and their annexes shall be submitted initially to the Council for Trade inGoods, the Council for Trade in Services or the Council for TRIPS, respectively, forconsideration during a time-period which shall not exceed 90 days. At the end of thetime-period, the relevant Council shall submit a report to the Ministerial Conference.4. A decision by the Ministerial Conference granting a waiver shall state the exceptional circumstances justifying the decision, the terms and conditions governing the application of the waiver, and the date on which the waiver shall terminate. Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and thereafter annually until the waiver terminates. In each review, the Ministerial Conference shall examine whether the exceptional circumstances justifying the waiver still exist and whether the terms and conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual review, may extend, modify or terminate the waiver.5. Decisions under a Plurilateral Trade Agreement, including any decisions on interpretations and waivers, shall be governed by the provisions of that Agreement.Article XAmendment s1. Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning of which they oversee. Unless the Ministerial Conference decides on a longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial Conference any decision by the Ministerial Conference to submit the proposed amendment to the Members for acceptance shall be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached, the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance. If consensus is not reached at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit the proposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply.2. Amendments to the provisions of this Article and to the provisions of the following Articles shall take effect only upon acceptance by all Members:Article IX of this Agreement;Articles I and II of GATT 1994;Article II:1 of GATS;Article 4 of the Agreement on TRIPS.3. Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would alter the rights and obligations of the Members, shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under this paragraph is of such a nature that any Member which has notaccepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference.4. Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would not alter the rights and obligations of the Members, shall take effect for all Members upon acceptance by two thirds of the Members.5. Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under the preceding provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference. Amendments to Parts IV, V and VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds of the Members.6. Notwithstanding the other provisions of this Article, amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereof may be adopted by the Ministerial Conference without further formal acceptance process.7. Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the Director-General of the WTO within the period of acceptance specified by the Ministerial Conference.8. Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference. The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference.9. The Ministerial Conference, upon the request of the Members parties to a trade agreement, may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference, upon the request of the Members parties to a Plurilateral Trade Agreement, may decide to delete that Agreement from Annex 4.10. Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XIOriginal Membership1. The contracting parties to GATT 1947 as of the date of entry into force of this Agreement, and the European Communities, which accept this Agreement and the Multilateral Trade Agreements and for which Schedules of Concessions and Commitments are annexed to GATT 1994 and for which Schedules of Specific Commitments are annexed to GATS shall become original Members of the WTO.2. The least-developed countries recognized as such by the United Nations will only be required to undertake commitments and concessions to the extent consistent with their individual development, financial and trade needs or their administrative and institutional capabilities.Article XIIAccession1. Any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto.2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the WTO.3. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XIIINon-Application of Multilateral Trade Agreementsbetween Particular Members1. This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply as between any Member and any other Member if either of the Members, at the time either becomes a Member, does not consent to such application.2. Paragraph 1 may be invoked between original Members of the WTO which were contracting parties to GATT 1947 only where Article XXXV of that Agreement had been invoked earlier and was effective as between those contracting parties at the time of entry into force for them of this Agreement.3. Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the application has so notified the Ministerial Conference before the approval of the agreement on the terms of accession by the Ministerial Conference.4. The Ministerial Conference may review the operation of this Article in particular cases at the request of any Member and make appropriate recommendations.5. Non-application of a Plurilateral Trade Agreement between parties to that Agreement shall be governed by the provisions of that Agreement.Article XIVAcceptance, Entry into Force and Deposit1. This Agreement shall be open for acceptance, by signature or otherwise, by contracting parties to GATT 1947, and the European Communities, which are eligible to become original Members of the WTO in accordance with Article XI of this Agreement. Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance with paragraph 3 of the Final Act Embodying the Results of the UruguayRound of Multilateral Trade Negotiations and shall remain open for acceptance for a period of two years following that date unless the Ministers decide otherwise. An acceptance following the entry into force of this Agreement shall enter into force on the 30th day following the date of such acceptance.2. A Member which accepts this Agreement after its entry into force shall implement those concessions and obligations in the Multilateral Trade Agreements that are to be implemented over a period of time starting with the entry into force of this Agreement as if it had accepted this Agreement on the date of its entry into force.3. Until the entry into force of this Agreement, the text of this Agreement and the Multilateral Trade Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. The Director-General shall promptly furnish a certified true copy of this Agreement and the Multilateral Trade Agreements, and a notification of each acceptance thereof, to each government and the European Communities having accepted this Agreement. This Agreement and the Multilateral Trade Agreements, and any amendments thereto, shall, upon the entry into force of this Agreement, be deposited with the Director-General of the WTO.4. The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement. Such Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. Upon the entry into force of this Agreement, such Agreements shall be deposited with the Director-General of the WTO.Article XVWithdrawal1. Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months from the date on which written notice of withdrawal is received by the Director-General of the WTO.2. Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XVIMiscellaneous Provisions1. Except as otherwise provided under this Agreement or the Multilateral Trade Agreements, the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.2. To the extent practicable, the Secretariat of GATT 1947 shall become the Secretariat of the WTO, and the Director-General to the CONTRACTING PARTIES to GATT 1947, until such time as the Ministerial Conference has appointed a Director-General in accordance with paragraph 2 of Article VI of this Agreement, shall serve as Director-General of the WTO.3. In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, the provision of this Agreement shall prevail to the extent of the conflict.。
马拉喀什建立世界贸易组织协定(英文本)
马拉喀什建立世界贸易组织协定(英文本)URUGUAY ROUND AGREEMENTMarrakesh Agreement Establishing the World TradeOrganizationFROM:/english/docs_e/legal_e/04-wt o_e.htmThe Parties to this Agreement,Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world’s resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development,Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,Agree as follows:Article I back to topEstablishment of the OrganizationThe World Trade Organization (hereinafter referred to as “the WTO”) is hereby established.Article II back to topScope of the WTO1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.2. The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as “Multilateral Trade Agreements”) are integral parts of th is Agreement, binding on all Members.3. The agreements and associated legal instruments included in Annex 4 (hereinafter referred to as “Plurilateral Trade Agreements”) are also part of this Agreement for those Members that have accepted them, and are binding on those Members. The Plurilateral Trade Agreements do not create either obligations or rights for Members that have not accepted them.4. The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafter referred to as “GATT 1994”) is legally distinct from the General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended or modified (hereinafter referred to as “GATT 1947”).Article III back to topFunctions of the WTO1. The WTO shall facilitate the implementation, administration and operation, and further the objectives, of this Agreement and of the Multilateral Trade Agreements, and shall also provide the framework for the implementation, administration and operation of the Plurilateral Trade Agreements.2. The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a framework forthe implementation of the results of such negotiations, as may be decided by the Ministerial Conference.3. The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as the “Dispute Settlement Understanding” or “DSU”) in Annex 2 to this Agreement.4. The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the “TPRM”) provided for in Annex 3 to this Agreement.5. With a view to achieving greater coherence in global economic policy-making, the WTO shall cooperate, as appropriate, with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies.Article IV back to topStructure of the WTO1. There shall be a Ministerial Conference composed of representatives of all the Members, which shall meet at least once every two years. The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by a Member, in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement.2. There shall be a General Council composed of representatives of all the Members, which shall meet as appropriate. In the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council. The General Council shall also carry out the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the rules of procedure for the Committees provided for in paragraph 7.3. The General Council shall convene as appropriate to discharge the responsibilities of the Dispute Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.4. The General Council shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.5. There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Council for TRIPS”), which shall operate under the general guidance of the General Council. The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter referred to as “GATS”). The Council for TRIPS shall oversee the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Agreement on TRIPS”). These Councils shall carry out the functions assigned to them by their respective agreements and by the General Council. They shall establish their respective rules of procedure subject to the approval of the General Council. Membership in these Councils shall be open to representatives of all Members. These Councils shall meet as necessary to carry out their functions.6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective rules of procedure subject to the approval of their respective Councils.7. The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade Agreements, and any additional functions assigned to them by the General Council, and may establish such additional Committees with such functions as it may deem appropriate. As part of its functions, the Committee on Trade and Development shall periodically review the special provisions in the Multilateral Trade Agreements in favour of the least-developed country Members and report to the General Council for appropriate action. Membership in these Committees shall be open to representatives of all Members.8. The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO. These bodies shall keep the General Council informed of their activities on a regular basis.Article V back to topRelations with Other Organizations1. The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental organizations that have responsibilities related to those of the WTO.2. The General Council may make appropriate arrangements for consultation and cooperation with non-governmental organizations concerned with matters related to those of the WTO.Article VI back to topThe Secretariat1. There shall be a Secretariat of the WTO (hereinafter referred to as “the Secretariat”) headed by a Director-General.2. The Ministerial Conference shall appoint the Director-General and adopt regulations setting out the powers, duties, conditions of service and term of office of the Director-General.3. The Director-General shall appoint the members of the staff of the Secretariat and determine their duties and conditions of service in accordance with regulations adopted by the Ministerial Conference.4. The responsibilities of the Director-General and of the staff of the Secretariat shall be exclusively international in character. In the discharge of their duties, the Director-General and the staff of the Secretariat shall not seek or accept instructions from any government or any other authority external to the WTO. They shall refrain from any action which might adversely reflect on their position as international officials. The Members of the WTO shall respect the international character of the responsibilities of the Director-General and of the staff of the Secretariat and shall not seek to influence them in the discharge of their duties.Article VII back to topBudget and Contributions1. The Director-General shall present to the Committee on Budget, Finance and Administration the annual budget estimate and financial statement of the WTO. The Committee on Budget, Finance and Administration shall review the annual budget estimate and the financial statement presented by the Director-General and make recommendations thereon to the General Council. The annual budget estimate shall be subject to approval by the General Council.2. The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out:(a) the scale of contributions apportioning the expenses of the WTO among itsMembers; and(b) the measures to be taken in respect of Members in arrears.The financial regulations shall be based, as far as practicable, on the regulations and practices of GATT 1947.3. The General Council shall adopt the financial regulations and the annual budget estimate by a two-thirds majority comprising more than half of the Members of the WTO.4. Each Member shall promptly contribute to the WTO its share in the expenses of the WTO in accordance with the financial regulations adopted by the General Council.Article VIII back to topStatus of the WTO1. The WTO shall have legal personality, and shall be accorded by each of its Members such legal capacity as may be necessary for the exercise of its functions.2. The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions.3. The officials of the WTO and the representatives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO.4. The privileges and immunities to be accorded by a Member to the WTO, its officials, and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General Assembly of the United Nations on 21 November 1947.5. The WTO may conclude a headquarters agreement.Article IX back to topDecision-Making1. The WTO shall continue the practice of decision-making by consensus followed under GATT 1947(1). Except as otherwise provided, where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their member States(2)which are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be takenby a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant Multilateral Trade Agreement(3).2. The Ministerial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision to adopt an interpretation shall be taken by a three-fourths majority of the Members. This paragraph shall not be used in a manner that would undermine the amendment provisions in Article X.3. In exceptional circumstances, the Ministerial Conference may decide to waive an obligation imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that any such decision shall be taken by three fourths (4) of the Members unless otherwise provided for in this paragraph.(a) A request for a waiver concerning this Agreement shall be submitted to theMinisterial Conference for consideration pursuant to the practice ofdecision-making by consensus. The Ministerial Conference shall establish atime-period, which shall not exceed 90 days, to consider the request. Ifconsensus is not reached during the time-period, any decision to grant awaiver shall be taken by three fourths4 of the Members.(b) A request for a waiver concerning the Multilateral Trade Agreements inAnnexes 1A or 1B or 1C and their annexes shall be submitted initially to theCouncil for Trade in Goods, the Council for Trade in Services or the Councilfor TRIPS, respectively, for consideration during a time-period which shallnot exceed 90 days. At the end of the time-period, the relevant Councilshall submit a report to the Ministerial Conference.4. A decision by the Ministerial Conference granting a waiver shall state the exceptional circumstances justifying the decision, the terms and conditions governing the application of the waiver, and the date on which the waiver shall terminate. Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and thereafter annually until the waiver terminates. In each review, the Ministerial Conference shall examine whether the exceptional circumstances justifying the waiver still exist and whether the terms and conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual review, may extend, modify or terminate the waiver.5. Decisions under a Plurilateral Trade Agreement, including any decisions on interpretations and waivers, shall be governed by the provisions of that Agreement.Article X back to topAmendments1. Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning of which they oversee. Unless the Ministerial Conference decides on a longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial Conference any decision by the Ministerial Conference to submit the proposed amendment to the Members for acceptance shall be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached, the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance. If consensus is not reached at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit the proposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply.2. Amendments to the provisions of this Article and to the provisions of the following Articles shall take effect only upon acceptance by all Members:Article IX of this Agreement;Articles I and II of GATT 1994;Article II:1 of GATS;Article 4 of the Agreement on TRIPS.3. Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would alter the rights and obligations of the Members, shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under this paragraph is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference.4. Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would not alter the rights and obligations of the Members, shall take effect for all Members upon acceptance by two thirds of the Members.5. Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under the preceding provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference. Amendments to Parts IV, V and VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds of the Members.6. Notwithstanding the other provisions of this Article, amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereof may be adopted by the Ministerial Conference without further formal acceptance process.7. Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with theDirector-General of the WTO within the period of acceptance specified by the Ministerial Conference.8. Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference. The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference.9. The Ministerial Conference, upon the request of the Members parties to a trade agreement, may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference, upon the request of the Members parties to a Plurilateral Trade Agreement, may decide to delete that Agreement from Annex 4.10. Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XI back to topOriginal Membership1. The contracting parties to GATT 1947 as of the date of entry into force of this Agreement, and the European Communities, which accept this Agreement and the Multilateral Trade Agreements and for which Schedules of Concessions and Commitmentsare annexed to GATT 1994 and for which Schedules of Specific Commitments are annexed to GATS shall become original Members of the WTO.2. The least-developed countries recognized as such by the United Nations will only be required to undertake commitments and concessions to the extent consistent with their individual development, financial and trade needs or their administrative and institutional capabilities.Article XII back to topAccession1. Any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto.2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference shall approve the agreement on the terms of accession by atwo-thirds majority of the Members of the WTO.3. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XIII back to topNon-Application of Multilateral Trade Agreements between Particular Members1. This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply as between any Member and any other Member if either of the Members, at the time either becomes a Member, does not consent to such application.2. Paragraph 1 may be invoked between original Members of the WTO which were contracting parties to GATT 1947 only where Article XXXV of that Agreement had been invoked earlier and was effective as between those contracting parties at the time of entry into force for them of this Agreement.3. Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the application has so notified the Ministerial Conference before the approval of the agreement on the terms of accession by the Ministerial Conference.4. The Ministerial Conference may review the operation of this Article in particular cases at the request of any Member and make appropriate recommendations.5. Non-application of a Plurilateral Trade Agreement between parties to that Agreement shall be governed by the provisions of that Agreement.Article XIV back to topAcceptance, Entry into Force and Deposit1. This Agreement shall be open for acceptance, by signature or otherwise, by contracting parties to GATT 1947, and the European Communities, which are eligible to become original Members of the WTO in accordance with Article XI of this Agreement. Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance with paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations and shall remain open for acceptance for a period of two years following that date unless the Ministers decide otherwise. An acceptance following the entry into force of this Agreement shall enter into force on the 30th day following the date of such acceptance.2. A Member which accepts this Agreement after its entry into force shall implement those concessions and obligations in the Multilateral Trade Agreements that are to be implemented over a period of time starting with the entry into force of this Agreement as if it had accepted this Agreement on the date of its entry into force.3. Until the entry into force of this Agreement, the text of this Agreement and the Multilateral Trade Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. The Director-General shall promptly furnish a certified true copy of this Agreement and the Multilateral Trade Agreements, and a notification of each acceptance thereof, to each government and the European Communities having accepted this Agreement. This Agreement and the Multilateral Trade Agreements, and any amendments thereto, shall, upon the entry into force of this Agreement, be deposited with the Director-General of the WTO.4. The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement. Such Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. Upon the entry into force of this Agreement, such Agreements shall be deposited with the Director-General of the WTO.Article XV back to topWithdrawal1. Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months from the date on which written notice of withdrawal is received by the Director-General of the WTO.2. Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XVI back to topMiscellaneous Provisions1. Except as otherwise provided under this Agreement or the Multilateral Trade Agreements, the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.2. To the extent practicable, the Secretariat of GATT 1947 shall become the Secretariat of the WTO, and the Director-General to the CONTRACTING PARTIES to GATT 1947, until such time as the Ministerial Conference has appointed a Director-General in accordance with paragraph 2 of Article VI of this Agreement, shall serve asDirector-General of the WTO.3. In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, the provision of this Agreement shall prevail to the extent of the conflict.4. Each Member shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements.5. No reservations may be made in respect of any provision of this Agreement. Reservations in respect of any of the provisions of the Multilateral Trade Agreements may only be made to the extent provided for in those Agreements. Reservations in respect of a provision of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.6. This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.。
中国加入wto议定书(中英文定本)
ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA关于中华人民共和国加入的决定2001年11月10日Decision of 10 November 2001部长级会议，The Ministerial Conference,考虑到《马拉喀什建立世界贸易组织协定》第12条第2款和第9条第1款，以及总理事会议定的在《马拉喀什建立世界贸易组织协定》第12条和第9条的下决策程序（WT/L/93），Having regard to paragraph 2 of Article XII and paragraph 1 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization, and the Decision-Making Procedures under Articles IX and XII of the Marrakesh Agreement Establishing the World Trade Organization agreed by the General Council(WT/L/93),注意到1995年12月7日中华人民共和国关于加入《马拉喀什建立世界贸易组织协定》的申请，Taking note of the application of the People's Republic of China for accession to the Marrakesh Agreement Establishing the World Trade Organization dated 7 December 1995,注意到旨在确定中华人民共和国加入《马拉喀什建立世界贸易组织协定》条件的谈判结果，并已制定《中华人民共和国加入议定书》，Noting the results of the negotiations directed toward the establishment of the terms of accession of the People's Republic of China to the Marrakesh Agreement Establishing the World Trade Organization and having prepared a Protocol on the Accession of the People's Republic of China,决定如下：Decides as follows:中华人民共和国可根据本决定所附议定书中所列条款和条件加入《马拉喀什建立世界贸易组织协定》。
马拉喀什建立世界贸易组织协定－－附件4：诸边贸易协定(注1)
马拉喀什建立世界贸易组织协定－－附件4：诸边贸易协定(注1)文章属性•【缔约国】世界贸易组织•【条约领域】贸易•【公布日期】1994.04.15•【条约类别】协定•【签订地点】正文马拉喀什建立世界贸易组织协定－－附件4：诸边贸易协定（注1）民用航空器贸易协定《民用航空器贸易协定》1979年4月12日订于日内瓦（ＢＩＳＤ26册162页），后经修改、更正或修正。
国际奶制品协定《国际奶制品协定》1994年4月15日订于马拉喀什。
国际牛肉协定《国际牛肉协定》1994年4月15日订于马拉喀什。
民用航空器贸易协定《民用航空器贸易协定》1979年4月12日订于日内瓦（ＢＩＳＤ26册162页），后经修改、更正或修正。
民用航空器贸易协定序言《民用航空器贸易协定》（下称“本协定”）各签署方（注1）；注1：“各签署方”一词以下用于指本协定各参加方。
注意到部长们于1973年9月12日至14日同意东京回合多边贸易谈判应特别通过逐步消除贸易障碍和改善进行世界贸易的国际体制，以实现世界贸易的扩大和更大自由化，期望实现民用航空器、零件及相关设备世界贸易的最大限度自由化，包括取消关税和尽最大可能地减少或消除对贸易的限制或扭曲作用；期望在全世界范围内鼓励航空工业技术的持续发展；期望为其民用航空器活动及其生产者参与世界民用航空器市场的扩大提供公正和平等的竞争机会；注意到民用航空器部门在它们整体的共同经济和贸易利益中的重要性；认识到许多签署方将航空器部门视为经济和产业政策的一个特别重要的组成部分；寻求消除由于政府支持民用航空器的发展、生产和销售而对民用航空器贸易产生的不利影响，同时认识到此类政府支持本身不应被视为一种贸易扭曲；期望其民用航空器活动在商业竞争基础上开展，并认识到它们之间的政府与产业的关系差别很大；认识到它们在《关税与贸易总协定》（下称“ＧＡＴＴ”）项下的权利和义务，以及它们在ＧＡＴＴ主持谈判达成的多边协定项下的权利和义务；认识到需要对国际通知、磋商、监督和争端解决程序作出规定，以期保证公正、迅速和有效地执行本协定的各项规定，并维持它们之间权利和义务的平衡；期望建立一个管理进行民用航空器贸易的国际体制；特此协议如下：第1条产品范围1．1 本协定适用于下列产品：（ａ）所有民用航空器；（ｂ）所有民用航空器发动机及其零件和部件，（ｃ）民用航空器的所有其他零件、部件及组件，（ｄ）所有地面飞行模拟机及其零件和部件。
中国加入wto议定书(中英文定本)
ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA关于中华人民共和国加入的决定2001年11月10日Decision of 10 November 2001部长级会议，The Ministerial Conference,考虑到《马拉喀什建立世界贸易组织协定》第12条第2款和第9条第1款，以及总理事会议定的在《马拉喀什建立世界贸易组织协定》第12条和第9条的下决策程序（WT/L/93），Having regard to paragraph 2 of Article XII and paragraph 1 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization, and the Decision-Making Procedures under Articles IX and XII of the Marrakesh Agreement Establishing the World Trade Organization agreed by the General Council(WT/L/93),注意到1995年12月7日中华人民共和国关于加入《马拉喀什建立世界贸易组织协定》的申请，Taking note of the application of the People's Republic of China for accession to the Marrakesh Agreement Establishing the World Trade Organization dated 7 December 1995,注意到旨在确定中华人民共和国加入《马拉喀什建立世界贸易组织协定》条件的谈判结果，并已制定《中华人民共和国加入议定书》，Noting the results of the negotiations directed toward the establishment of the terms of accession of the People's Republic of China to the Marrakesh Agreement Establishing the World Trade Organization and having prepared a Protocol on the Accession of the People's Republic of China,决定如下：Decides as follows:中华人民共和国可根据本决定所附议定书中所列条款和条件加入《马拉喀什建立世界贸易组织协定》。
TRIPS_及贸易有关的知识产权协定中英文对照
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。
马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－农业协定
马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－农业协定文章属性•【缔约国】世界贸易组织•【条约领域】贸易•【公布日期】1994.04.15•【条约类别】协定•【签订地点】正文马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－农业协定（1994年4月15日）各成员，决定为发动符合《埃斯特角城宣言》所列谈判目标的农产品贸易改革进程而建立基础；忆及它们在乌拉圭回合中期审评时所议定的长期目标是“建立一个公平的、以市场为导向的农产品贸易体制，并应通过支持和保护承诺的谈判及建立增强的和更行之有效的ＧＡＴＴ规则和纪律发动改革进程”；又忆及“上述长期目标是在议定的期限内，持续对农业支持和保护逐步进行实质性的削减，从而纠正和防止世界农产品市场的限制和扭曲”；承诺在以下每一领域内达成具体约束承诺：市场准入；国内支持；出口竞争；并就卫生与植物卫生问题达成协议；同意在实施其市场准入承诺时，发达国家成员将充分考虑发展中国家成员的特殊需要和条件，对这些成员有特殊利益的农产品在更大程度上改进准入机会和条件，包括在中期审评时议定的给予热带农产品贸易的全面自由化，及鼓励对以生产多样化为途径停止种植非法麻醉作物有特殊重要性的产品；注意到应以公平的方式在所有成员之间作出改革计划下的承诺，并注意到非贸易关注，包括粮食安全和保护环境的需要，注意到各方一致同意发展中国家的特殊和差别待遇是谈判的组成部分，同时考虑改革计划的实施可能对最不发达国家和粮食净进口发展中国家产生的消极影响；特此协议如下：第一部分第1条术语定义在本协定中，除非文中另有要求，否则：（ａ）“综合支持量”和“ＡＭＳ”指以货币形式表示的、有利于基本农产品生产者的对一农产品提供的年度支持水平，或指有利于一般农业生产者的非特定产品支持，不包括在根据本协定附件2可免除削减的计划下所提供的支持，此种支持：（ｉ）对于在基期内提供的支持，指一成员减让表第四部分引用而并入的有关支持材料表中列明的支持；及（ｉｉ）对于实施期任何一年中及此后提供的支持，指依照本协定附件3的规定计算的支持，同时考虑该成员减让表第四部分引用而并入的支持材料表所使用的构成数据和方法；（ｂ）涉及国内支持承诺的“基本农产品”指一成员减让表和有关支持材料中列明的尽可能接近第一销售点的产品；（ｃ）“预算支出”或“支出”包括放弃的税收；（ｄ）“支持等值”指以货币形式表示的、通过使用一项或多项措施向基本农产品生产者提供的、不能依照ＡＭＳ方法计算的年度支持水平，不包括根据本协定附件2可免于削减的计划下提供的支持，此种支持：（ｉ）对于在基期内提供的支持，指一成员减让表第四部分引用而并入的有关支持材料表中列明的支持；及（ｉｉ）对于实施期任何一年中及此后提供的支持，指依照本协定附件4的规定计算的支持，同时考虑该成员减让表第四部分引用而并入的支持材料表所使用的构成数据和方法；（ｅ）“出口补贴”指视出口实绩而给予的补贴，包括本协定第9条所列的出口补贴；（ｆ）“实施期”指自1995年开始的6年时间，但就本协定第13条而言，指从1995年开始的9年时间；（ｇ）“市场准入减让”包括根据本协定作出的所有市场准入承诺；（ｈ）“综合支持总量”和“总ＡＭＳ”指有利于农业生产者的所有国内支持的总和，计算为基本农产品的综合支持量、所有非特定产品综合支持量以及所有农产品支持等值的总和，此种支持：（ｉ）对于在基期内提供的支持（即“基期综合支持总量”）和在实施期任何一年中或此后允许提供的最大限度的支持（即“年度和最终约束承诺水平”），指一成员减让表第四部分列明的支持；及（ｉｉ）对于实施期任何一年中及此后实际提供的支持水平（即“现行综合支持总量”）；指依照本协定的规定，包括第6条的规定，及该成员减让表第四部分引用而并入的支持材料表所使用的构成数据和方法计算的支持；（ｉ）以上（ｆ）款中和涉及一成员具体承诺的“年度”一词指在该成员减让表中列明的日历年度、财政年度或销售年度。
修正《马拉喀什建立世界贸易组织协定》议定书-
修正《马拉喀什建立世界贸易组织协定》议定书（中译本）2014年11月27日决定总理事会；注意到《马拉喀什建立世界贸易组织协定》（《WTO协定》）第10条第1款；根据《WTO协定》第4条第2款，在部长级会议休会期间行使部长级会议职能；忆及2004年8月1日通过的关于根据附件D所列谈判模式启动谈判的总理事会决定及2013年12月7日通过的关于起草将《贸易便利化协定》纳入《WTO 协定》附件1A的修正议定书（下称《议定书》）的部长决定；忆及2001年11月20日多哈部长宣言第47段；忆及多哈部长宣言第2段和第3段、2004年8月总理事会决定附件D以及《贸易便利化协定》第13.2款关于提供能力建设和支持以帮助发展中和最不发达国家实施《贸易便利化协定》条款的重要性；欢迎总干事关于在现有WTO机构内设立《贸易便利化协定》基金的声明，以用于管理各成员为增加在实施《贸易便利化协定》条款方面的补充援助而自愿向WTO提供的支持以及在援助方面与附件D所列机构保持一致；虑及贸易便利化筹备委员会提交的《贸易便利化协定》（WT/L/931）；注意到各方一致同意将拟议修正提交各成员供接受；决定如下：1.特此通过本决定所附《修正<WTO协定>议定书》并提交各成员供接受。
2.《议定书》特此开放供各成员接受。
3.《议定书》应根据《WTO协定》第10条第3款生效。
修正《马拉喀什建立世界贸易组织协定》议定书世界贸易组织各成员；虑及《贸易便利化协定》；注意到WT/L/940号文件所载总理事会决定已根据《马拉喀什建立世界贸易组织协定》（《WTO协定》）第10条第1款获得通过；特此协议如下：1. 自本议定书根据第４款生效时起，《WTO协定》附件1A应予以修正，其中纳入本议定书附件所列《贸易便利化协定》，位列《保障措施协定》之后。
2.未经其他成员同意，不得对本议定书任何条款提出保留。
3.本议定书特此开放供各成员接受。
4.本议定书应依照《WTO协定》第10条第3款生效。
世界贸易组织(WTO)-第二章
世界贸易组织（WTO）赵维田*自从1948年哈瓦那宪章夭折，原要成立的“国际贸易组织”流产后，国际社会和国际贸易业界要求改变CATT作为国际组织的不正常状态的议论和提议，一直没有间断。
1955年对GATT 条款作大的检修时，就有改换名称，在立“贸易合作组织”（OTC），又因美国国会反对而未果。
接着，1963年联合国经社理事会又有成立国际贸易机构之议，其目的在于有一个能执行“联合国贸易与发展会议”（UNCTAD）的建议和联合国其他机构对贸易决策的机构，而将GATT变成类似“关税委员会”性质的机关。
结果由于贸易大国的反对，仅于1994年设立了“联合国贸发会”（UNCTAD），而且分工只管国际贸易中司法方面的事务。
鉴于美国国会一贯坚持反对的态度，发起乌拉圭回合多边贸易谈判的“埃斯特角部长宣言”中，在列出的诸多谈判议题中，根本没有成立国际组织这个项目。
一直到谈判进程过半的1990年，加拿大在欧共体的支持下，才提出一项内容极简单的成立“多边贸易组织”（MTO）的建议。
起初，美国仍坚持怀疑态度，后来态度有所转变。
这是因为不论从货物贸易，还是扩大到服务贸易乃至知识产权协定，都需要有个强有力的国际组织机构作依托，才得以有效执行。
何况，当时美国坚持将知识产权问题纳入乌拉圭回合的重要理由之一，是因为“世界知识产权组织”（WIPO）缺乏执法权力，想依靠GATT的有效解决争端机制。
因此，到1994年马拉喀什会议上终于达成了建立“世界贸易组织”的共识。
后来，美国国会在审议并批准乌拉圭回合一揽子协议时，虽仍存有WTO“侵害美国主权”的疑虑，但考虑到WTO只不过是把GATT已有的现状的合法化认可而已，就没有坚持反对态度。
一、三位一体的功能和GATT基本相同，用外文缩写WTO所代表的功能，有三个：国际组织，国际贸易条约群体（或称“WTO体制”）和多边贸易谈判的场所（Negotiation forum）。
这里需说明一下，WTO作为一个国际组织本应该有一个“WTO宪章”（和当年“国际贸易组织宪章”亦称“哈瓦那宪章”）一类名字来称呼规定它的实体法规则的条约[群体]，这个条约或协议群的正式名称，现在叫做《多边贸易乌拉圭回合谈判成果最后文件》。
马拉喀什建立世界贸易组织协定——附件1A：货物贸易多边协定——进口许可程序协定
【法规分类号】W82001199423【标题】马拉喀什建立世界贸易组织协定——附件１Ａ：货物贸易多边协定——进口许可程序协定【时效性】有效【签订地点】马拉喀什【签订日期】1994.04.15【生效日期】1994.05.15【失效日期】【内容分类】【文号】【题注】关于附件１Ａ的总体解释性说明：如《１９９４年关税与贸易总协定》的条款与《建立世界贸易组织协定》（附件１Ａ所列各协定中称“《ＷＴＯ协定》”）附件１Ａ中另一协定的条款产生抵触，则以该另一协定的条款为准。
【正文】各成员，注意到多边贸易谈判；期望促进ＧＡＴＴ１９９４目标的实现；考虑到发展中国家成员特殊的贸易、发展和财政需要；认识到用于某些目的的自动进口许可的有用性，且此种许可不应用以限制贸易；认识到进口许可可用以管理根据ＧＡＴＴ１９９４的有关规定采取的措施；认识到ＧＡＴＴ１９９４的规定可适用于进口许可程序；期望保证进口许可的使用方式不违背ＧＡＴＴ１９９４的原则和义务；认识到进口许可的不适当使用可以阻碍国际贸易的流动；确信进口许可、特别是非自动进口许可，应以透明和可预测的方式实施；认识到非自动进口许可程序的行政负担不应超过为管理有关措施所绝对必需的限度；期望简化国际贸易中使用的行政程序和做法，并使之具有透明度，并保证公平、公正地实施和管理此类程序和做法；期望规定一磋商机制，并迅速、有效和公正地解决本协定项下产生的争端；特此协议如下：第１条总则１．就本协定而言，进口许可定义为用以实施进口许可制度的行政程序（注１），该制度要求向有关行政机关提交申请或其他文件（报关所需文件除外），作为货物进入进口成员关税领土的先决条件。
注１：包括被称为“许可”的程序及其他类似行政程序。
２．各成员应保证用以实施进口许可制度的行政程序符合本协定解释的ＧＡＴＴ１９９４的有关规定，包括其附件和议定书，以期防止因不适当实施这些程序而产生的贸易扭曲，同时考虑发展中国家成员的经济发展目的及财政和贸易需要。
马拉喀什建立世界贸易组织协定－－附件2：关于争端解决规则与程序的谅解
马拉喀什建立世界贸易组织协定－－附件2：关于争端解决规则与程序的谅解文章属性•【缔约国】世界贸易组织•【条约领域】贸易•【公布日期】1994.04.15•【条约类别】•【签订地点】正文马拉喀什建立世界贸易组织协定－－附件2：关于争端解决规则与程序的谅解（1994.04.15）各成员特此协议如下：第1条范围和适用1．本谅解的规则和程序应适用于按照本谅解附录1所列各项协定（本谅解中称“适用协定”）的磋商和争端解决规定所提出的争端。
本谅解的规则和程序还应适用于各成员间有关它们在《建立世界贸易组织协定》（本谅解中称“《ＷＴＯ协定》”）规定和本谅解规定下的权利和义务的磋商和争端解决，此类磋商和争端解决可单独进行，也可与任何其他适用协定结合进行。
2．本谅解的规则和程序的适用应遵守本谅解附录2所确定的适用协定所含特殊或附加规则和程序。
在本谅解的规则和程序与附录2所列特殊或附加规则和程序存在差异时，应以附录2中的特殊或附加规则和程序为准。
在涉及一个以上适用协定项下的规则和程序的争端中，如审议中的此类协定的特殊或附加规则和程序之间产生抵触，且如果争端各方在专家组设立20天内不能就规则和程序达成协议，则第2条第1款中规定的争端解决机构（本谅解中称“ＤＳＢ”）主席，在与争端各方磋商后，应在两成员中任一成员提出请求后10天内，确定应遵循的规则和程序。
主席应按照以下原则，即在可能的情况下使用特殊或附加规则和程序，并应在避免抵触所必需的限度内使用本谅解所列规则和程序。
第2条管理1．特此设立争端解决机构，负责管理这些规则和程序及适用协定的磋商和争端解决规定，除非适用协定另有规定。
因此，ＤＳＢ有权设立专家组、通过专家组和上诉机构报告、监督裁决和建议的执行以及授权中止适用协定项下的减让和其他义务。
对于属诸边贸易协定的一适用协定项下产生的争端，此处所用的“成员”一词仅指那些属有关诸边贸易协定参加方的成员。
如ＤＳＢ管理一诸边贸易协定的争端解决规定，则只有属该协定参加方的成员方可参与ＤＳＢ就该争端所作出的决定或所采取的行动。
马拉喀什建立世界贸易组织协定(英汉对照)
Marrakesh Agreement Establishing the World TradeOrganization马拉喀什建立世界贸易组织协定（英汉对照）The Parties to this Agreement,本协议各成员Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world’s resources in accordance with t he objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development, 承认其贸易和经济关系的发展，应旨在提高生活水平，保证充分就业和大幅度稳步提高实际收入和有效需求，扩大货物与服务的生产和贸易，为持续发展之目的扩大对世界资源的充分利用，保护和维护环境，并以符合不同经济发展水平下各自需要的方式，加强采取各种相应的措施；Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,进一步承认有必要作出积极的努力，以确保发展中国家，尤其是最不发达国家，在国际贸易增长中获得与其经济发展相应的份额；Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,期望通过达成互惠互利的安排，切实降低关税和其它贸易壁垒，在国际贸易关系中消除歧视待遇，为实现上述目标作出贡献；Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,从而决心建立一个完整的、更有活力的和持久的多边贸易体系，以包括关税与贸易总协定、以往贸易自由化努力的成果和乌拉圭回合多边贸易谈判的所有成果；Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,决心保持该多边贸易体制的基本原则和加强该体制的目标；Agree as follows:协议如下：Article I Establishment of the Organization第一条组织的建立The World Trade Organization (hereinafter referred to as “the WTO”) is hereby established.建立世界贸易组织（以下简称WTO）Article II Scope of the WTO第二条 WTO的范围1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.1．WTO应为其成员从事与本协议各附件中的协议及其法律文件有关的贸易关系，提供共同的体制框架。
什么是wto的意思概念介绍职能
什么是wto的意思概念介绍职能WTO机构的目标原是为了监督新的全球秩序，确保其合法，那么你对WTO了解多少呢?以下是由店铺整理关于什么是wto的内容，希望大家喜欢!wto的介绍世界贸易组织(英语：World Trade Organization 简称WTO)，中文简称：世贸组织，1994年4月15日，在摩洛哥的马拉喀什市举行的关贸总协定乌拉圭回合部长会议决定成立更具全球性的世界贸易组织，以取代成立于1947年的关贸总协定。
世界贸易组织是当代最重要的国际经济组织之一，拥有164个成员，成员贸易总额达到全球的98%，有“经济联合国”之称。
wto的权利义务基本权利(1)能使产品和服务及知识产权在150个成员中享受无条件、多边、永久和稳定的最惠国待遇以及国民待遇;(2)对大多数发达国家出口的工业品及半制成品受普惠制待遇;(3)享受发展中国家成员的大多数优惠或过渡期安排;(4)享受其他世贸组织成员开放或扩大货物、服务市场准入的利益;(5)利用世贸组织的争端解决机制，公平、客观、合理地解决与其他国家的经贸摩擦，营造良好的经贸发展环境;(6)参加多边贸易体制的活动获得国际经贸规则的决策权;(7)享受世贸组织成员利用各项规则、采取例外、保证措施等促进本国经贸发展的权利。
基本义务(1)在货物、服务、知识产权等方面，依世贸组织规定，给予其他成员最惠国待遇、国民待遇;(2)依世贸组织相关协议规定，扩大货物、服务的市场准入程度，即具体要求降低关税和规范非关税措施，逐步扩大服务贸易市场开放;(3)按《知识产权协定》规定进一步规范知识产权保护;(4)按争端解决机制与其他成员公正地解决贸易摩擦，不能搞单边报复;(5)增加贸易政策、法规的透明度;(6)规范货物贸易中对外资的投资措施;(7)按在世界出口中所占比例缴纳一定会费。
wto的职能基本职能制定监督，管理和执行共同构成世贸组织的多边及诸边贸易协定;作为多边贸易谈判的讲坛;寻求解决贸易争端; 监督各成员贸易政策，并与其它同制订全球经济政策有关的国际机构进行合作。
2020年(国际贸易)马拉喀什建立世界贸易组织协定(英文本)
（国际贸易）2020年马拉喀什建立世界贸易组织协定(英文本)（国际贸易）2020年马拉喀什建立世界贸易组织协定(英文本)URUGUAY ROUND AGREEMENTMarrakesh Agreement Establishing the World Trade OrganizationFROM: http:///english/docs_e/legal_e/04-wto_e.htmThe Parties to this Agreement,Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world’s resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development,Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffsand other barriers to trade and to the elimination of discriminatory treatment in international trade relations,Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,Agree as follows:Article I back to topEstablishment of the OrganizationThe World Trade Organization (hereinafter referred to as “the WTO”) is hereby established.Article II back to topScope of the WTO1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.2. The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as “Multilateral Trade Agreements”) are integral parts of this Agreement, binding on all Members.3. The agreements and associated legal instruments included in Annex 4 (hereina fter referred to as “Plurilateral Trade Agreements”) are also part of this Agreement for those Members that have accepted them, and are binding on those Members. The Plurilateral Trade Agreements do not create either obligations or rights for Members that have not accepted them.4. The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafter referred to as “GATT 1994”) is legally distinct from the General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended or modified (hereinafter referred to as “GATT 1947”).Article III back to topFunctions of the WTO1. The WTO shall facilitate the implementation, administration and operation, and further the objectives, of this Agreement and of the Multilateral Trade Agreements, andshall also provide the framework for the implementation, administration and operation of the Plurilateral Trade Agreements.2. The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference.3. The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as the “Dispute Settlement Understanding” or “DSU”) in Annex 2 to this Agreement.4. The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the “TPRM”) provided for in Annex 3 to this Agreement.5. With a view to achieving greater coherence in global economic policy-making, the WTO shall cooperate, as appropriate, with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies.Article IV back to topStructure of the WTO1. There shall be a Ministerial Conference composed of representatives of all the Members, which shall meet at least once every two years. The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by a Member, in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement.2. There shall be a General Council composed of representatives of all the Members, which shall meet as appropriate. In the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council. The General Council shall also carry out the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the rules of procedure for the Committees provided for in paragraph 7.3. The General Council shall convene as appropriate to discharge the responsibilities of the Dispute Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.4. The General Council shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.5. There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Council for TRIPS”), which shall operate under the general guidance of the General Council. The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter referred to as “GATS”). The Council for TRIPS shall oversee the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Agreement on TRIPS”). These Councils shall carry out the functions assigned to them by their respective agreements and by the General Council. They shall establish their respective rules of procedure subject to the approval of the General Council. Membership in these Councils shall be open to representatives of all Members. These Councils shall meet as necessary to carry out their functions.6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective rules of procedure subject to the approval of their respective Councils.7. The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade Agreements, and any additional functions assigned to them by the General Council, and may establish such additional Committees with such functions as it may deem appropriate. As part of its functions, the Committee on Trade and Development shall periodically review the special provisions in the Multilateral Trade Agreements in favour of the least-developed country Members and report to the General Council for appropriate action. Membership in these Committees shall be open to representatives of all Members. 8. The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO. These bodies shall keep the General Council informed of their activities on a regular basis.Article V back to topRelations with Other Organizations1. The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental organizations that have responsibilities related to those of the WTO.2. The General Council may make appropriate arrangements for consultation and cooperation with non-governmental organizations concerned with matters related to those of the WTO.Article VI back to topThe Secretariat1. There shall be a Secr etariat of the WTO (hereinafter referred to as “the Secretariat”) headed by a Director-General.2. The Ministerial Conference shall appoint the Director-General and adopt regulations setting out the powers, duties, conditions of service and term of office of the Director-General.3. The Director-General shall appoint the members of the staff of the Secretariat and determine their duties and conditions of service in accordance with regulations adopted by the Ministerial Conference.4. The responsibilities of the Director-General and of the staff of the Secretariat shall be exclusively international in character. In the discharge of their duties, the Director-General and the staff of the Secretariat shall not seek or accept instructions from any government or any other authority external to the WTO. They shall refrain from any action which might adversely reflect on their position as international officials.The Members of the WTO shall respect the international character of the responsibilities of the Director-General and of the staff of the Secretariat and shall not seek to influence them in the discharge of their duties.Article VII back to topBudget and Contributions1. The Director-General shall present to the Committee on Budget, Finance and Administration the annual budget estimate and financial statement of the WTO. The Committee on Budget, Finance and Administration shall review the annual budget estimate and the financial statement presented by the Director-General and make recommendations thereon to the General Council. The annual budget estimate shall be subject to approval by the General Council.2. The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out:(a) the scale of contributions apportioning the expenses of the WTO amongits Members; and(b) the measures to be taken in respect of Members in arrears.The financial regulations shall be based, as far as practicable, on the regulations and practices of GATT 1947.3. The General Council shall adopt the financial regulations and the annual budget estimate by a two-thirds majority comprising more than half of the Members of the WTO.4. Each Member shall promptly contribute to the WTO its share in the expenses of the WTO in accordance with the financial regulations adopted by the General Council.Article VIII back to topStatus of the WTO1. The WTO shall have legal personality, and shall be accorded by each of its Members such legal capacity as may be necessary for the exercise of its functions.2. The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions.3. The officials of the WTO and the representatives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO.4. The privileges and immunities to be accorded by a Member to the WTO, its officials, and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of theSpecialized Agencies, approved by the General Assembly of the United Nations on 21 November 1947.5. The WTO may conclude a headquarters agreement.Article IX back to topDecision-Making1. The WTO shall continue the practice of decision-making by consensus followed under GATT 1947(1). Except as otherwise provided, where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their member States(2)which are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be taken by a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant Multilateral Trade Agreement(3).2. The Ministerial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision to adopt aninterpretation shall be taken by a three-fourths majority of the Members. This paragraph shall not be used in a manner that would undermine the amendment provisions in Article X.3. In exceptional circumstances, the Ministerial Conference may decide to waive an obligation imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that any such decision shall be taken by three fourths (4) of the Members unless otherwise provided for in this paragraph.(a) A request for a waiver concerning this Agreement shall be submitted tothe Ministerial Conference for consideration pursuant to the practice ofdecision-making by consensus. The Ministerial Conference shall establish atime-period, which shall not exceed 90 days, to consider the request. Ifconsensus is not reached during the time-period, any decision to grant awaiver shall be taken by three fourths4 of the Members.(b) A request for a waiver concerning the Multilateral Trade Agreements inAnnexes 1A or 1B or 1C and their annexes shall be submitted initially to theCouncil for Trade in Goods, the Council for Trade in Services or the Councilfor TRIPS, respectively, for consideration during a time-period which shallnot exceed 90 days. At the end of the time-period, the relevant Councilshall submit a report to the Ministerial Conference.4. A decision by the Ministerial Conference granting a waiver shall state the exceptional circumstances justifying the decision, the terms and conditions governingthe application of the waiver, and the date on which the waiver shall terminate. Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and thereafter annually until the waiver terminates. In each review, the Ministerial Conference shall examine whether the exceptional circumstances justifying the waiver still exist and whether the terms and conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual review, may extend, modify or terminate the waiver.5. Decisions under a Plurilateral Trade Agreement, including any decisions on interpretations and waivers, shall be governed by the provisions of that Agreement.Article X back to topAmendments1. Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning of which they oversee. Unless the Ministerial Conference decides on a longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial Conference any decision by the Ministerial Conference to submit the proposed amendment to theMembers for acceptance shall be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached, the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance. If consensus is not reached at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit the proposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply.2. Amendments to the provisions of this Article and to the provisions of the following Articles shall take effect only upon acceptance by all Members:Article IX of this Agreement;Articles I and II of GATT 1994;Article II:1 of GATS;Article 4 of the Agreement on TRIPS.3. Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would alter the rights and obligations of the Members, shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by it. The MinisterialConference may decide by a three-fourths majority of the Members that any amendment made effective under this paragraph is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference.4. Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would not alter the rights and obligations of the Members, shall take effect for all Members upon acceptance by two thirds of the Members.5. Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under the preceding provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference. Amendments to Parts IV, V and VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds of the Members.6. Notwithstanding the other provisions of this Article, amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereofmay be adopted by the Ministerial Conference without further formal acceptance process.7. Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the Director-General of the WTO within the period of acceptance specified by the Ministerial Conference.8. Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference. The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference.9. The Ministerial Conference, upon the request of the Members parties to a trade agreement, may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference, upon the request of the Members parties to a Plurilateral Trade Agreement, may decide to delete that Agreement from Annex 4.10. Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XI back to topOriginal Membership1. The contracting parties to GATT 1947 as of the date of entry into force of this Agreement, and the European Communities, which accept this Agreement and the Multilateral Trade Agreements and for which Schedules of Concessions and Commitments are annexed to GATT 1994 and for which Schedules of Specific Commitments are annexed to GATS shall become original Members of the WTO.2. The least-developed countries recognized as such by the United Nations will only be required to undertake commitments and concessions to the extent consistent with their individual development, financial and trade needs or their administrative and institutional capabilities.Article XII back to topAccession1. Any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto.2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the WTO.3. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XIII back to topNon-Application of Multilateral Trade Agreements between Particular Members1. This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply as between any Member and any other Member if either of the Members, at the time either becomes a Member, does not consent to such application.2. Paragraph 1 may be invoked between original Members of the WTO which were contracting parties to GATT 1947 only where Article XXXV of that Agreement had been invoked earlier and was effective as between those contracting parties at the time of entry into force for them of this Agreement.3. Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the application has sonotified the Ministerial Conference before the approval of the agreement on the terms of accession by the Ministerial Conference.4. The Ministerial Conference may review the operation of this Article in particular cases at the request of any Member and make appropriate recommendations.5. Non-application of a Plurilateral Trade Agreement between parties to that Agreement shall be governed by the provisions of that Agreement.Article XIV back to topAcceptance, Entry into Force and Deposit1. This Agreement shall be open for acceptance, by signature or otherwise, by contracting parties to GATT 1947, and the European Communities, which are eligible to become original Members of the WTO in accordance with Article XI of this Agreement. Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance with paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations and shall remain open for acceptance for a period of two years following that date unless the Ministers decide otherwise. An acceptance following the entry into force of this Agreement shall enter into force on the 30th day following the date of such acceptance.2. A Member which accepts this Agreement after its entry into force shall implement those concessions and obligations in the Multilateral Trade Agreements that are to be implemented over a period of time starting with the entry into force of this Agreement as if it had accepted this Agreement on the date of its entry into force.3. Until the entry into force of this Agreement, the text of this Agreement and the Multilateral Trade Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. The Director-General shall promptly furnish a certified true copy of this Agreement and the Multilateral Trade Agreements, and a notification of each acceptance thereof, to each government and the European Communities having accepted this Agreement. This Agreement and the Multilateral Trade Agreements, and any amendments thereto, shall, upon the entry into force of this Agreement, be deposited with the Director-General of the WTO.4. The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement. Such Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. Upon the entry into force of this Agreement, such Agreements shall be deposited with theDirector-General of the WTO.Article XV back to topWithdrawal1. Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months from the date on which written notice of withdrawal is received by the Director-General of the WTO.2. Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XVI back to topMiscellaneous Provisions1. Except as otherwise provided under this Agreement or the Multilateral Trade Agreements, the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.2. To the extent practicable, the Secretariat of GATT 1947 shall become the Secretariat of the WTO, and the Director-General to the CONTRACTING PARTIES to GATT 1947, until such time as the Ministerial Conference has appointed aDirector-General in accordance with paragraph 2 of Article VI of this Agreement, shall serve as Director-General of the WTO.3. In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, the provision of this Agreement shall prevail to the extent of the conflict.4. Each Member shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements.5. No reservations may be made in respect of any provision of this Agreement. Reservations in respect of any of the provisions of the Multilateral Trade Agreements may only be made to the extent provided for in those Agreements. Reservations in respect of a provision of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.6. This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.DONE at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four, in a single copy, in the English, French and Spanish languages, each text being authentic.Explanatory Notes:back to top。
马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－1994年关税与贸易总协定
马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－1994年关税与贸易总协定文章属性•【缔约国】世界贸易组织•【条约领域】贸易•【公布日期】1994.04.15•【条约类别】协定•【签订地点】正文马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－1994年关税与贸易总协定（1994.04.15）1．《1994年关税与贸易总协定》（“ＧＡＴＴ1994”）包括：（ａ）《联合国贸易与就业会议筹备委员会第二次会议结束时通过的最后文件》所附1947年10月30日的《关税与贸易总协定》的各项条款（不包括《临时适用议定书》），该协定历经《ＷＴＯ协定》生效之日前已实施的法律文件的条款更正、修正或修改；（ｂ）《ＷＴＯ协定》生效之日前在ＧＡＴＴ1947项下已实施的以下所列法律文件的条款：（ｉ）与关税减让相关的议定书和核准书；（ｉｉ）加入议定书（不包括（ａ）关于临时适用和撤销临时适用的规定及（ｂ）规定应在与议定书订立之日已存在的立法不相抵触的最大限度内临时适用ＧＡＴＴ1947第二部分的条款）；（ｉｉｉ）根据ＧＡＴＴ1947第25条给予的、且在《ＷＴＯ协定》生效之日仍然有效的关于豁免的决定（注1）；注1：本规定适用的豁免列入1993年12月15日ＭＴＮ／ＦＡ号文件第二部分第11至12页脚注7中和1994年3月21日ＭＴＮ／ＦＡ／Ｃｏｒｒ．6号文件中。
部长级会议应在其第一届会议上制定一份本规定适用的豁免的修改清单，增加在1993年12月15日之后至《ＷＴＯ协定》生效之日前根据ＧＡＴＴ1947所给予的豁免，并删除届时将期满的豁免。
（ｉｖ）ＧＡＴＴ1947缔约方全体的其他决定；（ｃ）以下所列谅解：（ｉ）《关于解释1994年关税与贸易总协定第2条第1款（ｂ）项的谅解》；（ｉｉ）《关于解释1994年关税与贸易总协定第17条的谅解》；（ｉｉｉ）《关于1994年关税与贸易总协定国际收支条款的谅解》；（ｉｖ）《关于解释1994年关税与贸易总协定第24条的谅解》；（ｖ）《关于豁免1994年关税与贸易总协定义务的谅解》；（ｖｉ）《关于解释1994年关税与贸易总协定第28条的谅解》；以及（ｄ）《1994年关税与贸易总协定马拉喀什议定书》。
马拉喀什条约 英文版
马拉喀什条约英文版The Marrakesh Treaty is an international agreement that was enacted to ensure the rights of the visually impaired and other print disabled persons to access books and otherprinted materials. The treaty was adopted by the memberstates of the World Intellectual Property Organization (WIPO) on June 28, 2013, in Marrakesh, Morocco, and entered intoglobal force on September 30, 2016.The Marrakesh Treaty aims to provide a legal frameworkto allow for the cross-border exchange of accessible format copies of books and other printed materials for visually impaired persons without having to obtain permission fromrights holders. This treaty helps to reduce the “book famine” – a situation in which only a small percentage of books are available in accessible formats – that affects the visually impaired.The following are the steps that led to the enactment of the Marrakesh Treaty:1. Identification of the problem: The World Blind Union and other organizations representing the visually impaired identified that there was a shortage of accessible formatbooks and that the rights of the visually impaired to access these materials were being infringed by copyright laws.2. Proposing a solution: In 2009, the World Blind Union proposed a solution to the access problem, which later culminated in the drafting and development of the Marrakesh Treaty3. Drafting of the Treaty: The Marrakesh Treaty wasdeveloped through WIPO, and the negotiations were carried out by member states, NGOs, and other stakeholders. The final draft was agreed upon in June 2013.4. Adoption: The Marrakesh Treaty was adopted by WIPO member states in Marrakesh, Morocco, on June 28, 2013.5. Signing: Countries that agree to the treaty are required to sign it to show their commitment. As of 2021, the treaty has been signed by 92 countries.6. Ratification: Each country that signs the treaty must also ratify it in their national legal systems to make it effective. As of 2021, the treaty has been ratified by 67 countries.The Marrakesh Treaty has made a significant impact on the rights of the visually impaired and other print disabled persons to access books and other printed materials. The treaty has also helped to raise awareness of the issue of book scarcity and the need to provide accessible formats to those who need them.In conclusion, the Marrakesh Treaty is a crucial international agreement that ensures the rights of the visually impaired and other print disabled persons. Thetreaty provides a legal framework for the cross-border exchange of accessible format copies of books and other printed materials, helping to alleviate the book famine that affects those who require them the most. Its development, adoption, and implementation have been the result of the efforts of many stakeholders and institutions, and it continues to receive support globally.。
马拉喀什建立世界贸易组织协定－－附件1Ｃ：与贸易有关的知识产权协定
马拉喀什建立世界贸易组织协定－－附件1Ｃ：与贸易有关的知识产权协定文章属性•【缔约国】世界贸易组织•【条约领域】贸易•【公布日期】1994.04.15•【条约类别】协定•【签订地点】摩洛哥正文马拉喀什建立世界贸易组织协定－－附件1Ｃ：与贸易有关的知识产权协定（1994年4月15日于摩洛哥签订，1995年1月1日起生效）第一部分总则和基本原则第二部分关于知识产权效力、范围和使用的标准1．版权和相关权利2．商标3．地理标识4．工业设计5．专利6．集成电路布图设计（拓扑图）7．对未披露信息的保护8．对协议许可中限制竞争行为的控制第三部分知识产权的实施1．一般义务2．民事和行政程序及补救3．临时措施4．与边境措施相关的特殊要求5．刑事程序第四部分知识产权的取得和维持及当事人之间的相关程序第五部分争端的防止和解决第六部分过渡性安排第七部分机构安排：最后条款各成员，期望减少对国际贸易的扭曲和阻碍，并考虑到需要促进对知识产权的有效和充分保护，并保证实施知识产权的措施和程序本身不成为合法贸易的障碍；认识到，为此目的，需要制定有关下列问题的新的规则和纪律：（ａ）ＧＡＴＴ1994的基本原则和有关国际知识产权协定或公约的适用性；（ｂ）就与贸易有关的知识产权的效力、范围和使用，规定适当的标准和原则；（ｃ）就实施与贸易有关的知识产权规定有效和适当的手段，同时考虑各国法律制度的差异；（ｄ）就在多边一级防止和解决政府间争端规定有效和迅速的程序；（ｅ）旨在最充分地分享谈判结果的过渡安排；认识到需要一个有关原则、规则和纪律的多边框架，以处理冒牌货的国际贸易问题；认识到知识产权属私权；认识到各国知识产权保护制度的基本公共政策目标，包括发展目标和技术目标；还认识到最不发达国家成员在国内实施法律和法规方面特别需要最大的灵活性，以便它们能够创造一个良好和可行的技术基础；强调通过多边程序达成加强的承诺以解决与贸易有关的知识产权争端从而减少紧张的重要性；期望在ＷＴＯ与世界知识产权组织（本协定中称“ＷＩＰＯ”）以及其他有关国际组织之间建立一种相互支持的关系；特此协议如下：第一部分总则和基本原则第1条义务的性质和范围1．各成员应实施本协定的规定。
TRIPS-与贸易有关的知识产权协定中英文对照
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 new rules 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 internationalintellectual 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, scopeand 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-relatedintellectual 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 preventionand 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 thenegotiations;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 tocreate 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。
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马拉喀什建立世界贸易组织协)英文本(定URUGUAY ROUND AGREEMENT TradeMarrakesh Agreement Establishing the World OrganizationFROM:/english/docs _e/legal_e/04-wo_e.htmThe Parties to this Agreement,Recognizing that their relations in the field of trade and economic endeavour should beconducted with a view to raising standards of living, ensuring full employment and a largeand steadily growing volume of real income and effective demand, and expanding theproduction of and trade in goods and services, while allowing for the optimal use of theworld's resources in accordance with the objective of sustainable development, seekingboth to protect and preserve the environment and to enhance the means for doing so in amanner consistent with their respective needs and concerns at different levels ofeconomic development,Recognizing further that there is need for positive efforts designed to ensure thatdeveloping countries, and especially the least developed among them, secure a share inthe growth in international trade commensurate with the needs of their economic development,Being desirous of contributing to these objectives by entering into reciprocal andmutually advantageous arrangements directed to the substantial reduction of tariffs andother barriers to trade and to the elimination of discriminatory treatment in international trade relations,Resolved, therefore, to develop an integrated, more viable and durable multilateraltrading system encompassing the General Agreement on Tariffs and Trade, the results ofpast trade liberalization efforts, and all of the results of the Uruguay Round ofMultilateral Trade Negotiations,Determined to preserve the basic principles and to further the objectives underlying thismultilateral trading system,Agree as follows:Article I back to top Establishment of the OrganizationThe World Trade Organization (hereinafter referred to as “the WTO”) is hereby established.Article IIback to top Scope of the WTOThe WTO shall provide the common institutional framework for the conduct of 1. trade relations among its Members in matters related to the agreements and associatedlegal instruments included in the Annexes to this Agreement.12. The agreements and associated legal instruments included in Annexes ,2andis (hereinafter referred to as “Multilateral Trade Agreements”) are integralparts of th Agreement, binding on all Members.The agreements and associated legal instruments included in Annex 4 (hereinafter3.referred to as “Plurilateral Trade Agreements”) are also part of this Agreementfor thoseMembers that have accepted them, and are binding on those Members. The Plurilateral Trade Agreements do not create either obligations or rights for Members that havenotaccepted them.The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A 4. as “GATT 1994”) is legally distinct from the General Agreement (hereinafter referred toon Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adoptedat theConclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended or modified(hereinafter referred to as “GATT 1947”).Article III back to top Functions of the WTO1. The WTO shall facilitate the implementation, administration and operation,andfurther the objectives, of this Agreement and of the Multilateral Trade Agreements,andshall also provide the framework for the implementation, administration and operationof the Plurilateral Trade Agreements.2. The WTO shall provide the forum for negotiations among its Members concerningtheir multilateral trade relations in matters dealt with under the agreementsin theAnnexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a frameworkforthe implementation of the results of such negotiations, as may be decided by theMinisterial Conference.The WTO shall administer the Understanding on Rules and Procedures Governing 3. the Settlement of Disputes (hereinafter referred to as the “Dispute SettlementUnderstanding” or “DSU”) in Annex 2 to this Agreement.The WTO shall administer the Trade Policy Review Mechanism (hereinafter 4. referred to as the “TPRM”) provided for in Annex 3 to this Agreement.With a view to achieving greater coherence in global economic policy-making, the 5.WTO shall cooperate, as appropriate, with the International Monetary Fund and with theInternational Bank for Reconstruction and Development and its affiliated agencies.Article IV back to top Structure of the WTO1. There shall be a Ministerial Conference composed of representatives ofall theMembers, which shall meet at least once every two years. The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. TheMinisterial Conference shall have the authority to take decisions on all matters under anyof the Multilateral Trade Agreements, if so requested by a Member, in accordance withthe specific requirements for decision-making in this Agreement and in the relevantMultilateral Trade Agreement.2. There shall be a General Council composed of representatives of all the Members,which shall meet as appropriate. In the intervals between meetings of the MinisterialConference, its functions shall be conducted by the General Council. The General Council shall also carry out the functions assigned to it by this Agreement. The GeneralCouncil shall establish its rules of procedure and approve the rules of procedure for theCommittees provided for in paragraph 7.3. The General Council shall convene as appropriate to discharge the responsibilitiesof the Dispute Settlement Body provided for in the Dispute Settlement Understanding.The Dispute Settlement Body may have its own chairman and shall establish such rules ofprocedure as it deems necessary for the fulfilment of those responsibilities.4. The General Council shall convene as appropriate to discharge the responsibilitiesof the Trade Policy Review Body provided for in the TPRM. The Trade Policy Review Bodymay have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.There shall be a Council for Trade in Goods, a Council for Trade in Services and a 5.Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred toas the “Council for TRIPS”), which shall operate under the general guidance of theGeneral Council. The Council for Trade in Goods shall oversee the functioning of theMultilateral Trade Agreements in Annex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafterreferred to as “GATS”). The Council for TRIPS shall oversee the functioning of theAgreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Agreement on TRIPS”). These Councils shall carry out the functionsassigned to them by their respective agreements and by the General Council. They shallestablish their respective rules of procedure subject to the approval of the GeneralCouncil. Membership in these Councils shall be open to representatives of all Members.These Councils shall meet as necessary to carry out their functions.The Council for Trade in Goods, the Council for Trade in Services and the Council 6.for TRIPS shall establish subsidiary bodies as required. These subsidiary bodies shallestablish their respective rules of procedure subject to the approval of their respectiveCouncils.The Ministerial Conference shall establish a Committee on Trade and7.Development, a Committee on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which shall carry out the functions assignedto themby this Agreement and by the Multilateral Trade Agreements, and any additional functions assigned to them by the General Council, and may establish suchadditionalCommittees with such functions as it may deem appropriate. As part of its functions,theCommittee on Trade and Development shall periodically review the specialprovisions inthe Multilateral Trade Agreements in favour of the least-developed country Membersandreport to the General Council for appropriate action. Membership in these Committeesshall be open to representatives of all Members.The bodies provided for under the Plurilateral Trade Agreements shall carry out8.the functions assigned to them under those Agreements and shall operate withintheinstitutional framework of the WTO. These bodies shall keep the General Councilinformed of their activities on a regular basis.Article V back to top Relations with Other Organizations1. The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental organizations that haveresponsibilitiesrelated to those of the WTO.The General Council may make appropriate arrangements for consultation and 2. cooperation with non-governmental organizations concerned with matters relatedtothose of the WTO.Article VIback to top The Secretariatthe 1. There shall be a Secretariat of the WTO (hereinafter referred to as “ -General. Secretariat”) headed by a DirectorThe Ministerial Conference shall appoint the Director-General and adopt2.regulations setting out the powers, duties, conditions of service and term of office of theDirector-General.The Director-General shall appoint the members of the staff of the Secretariat and 3.determine their duties and conditions of service in accordance with regulations adoptedby the Ministerial Conference.The responsibilities of the Director-General and of the staff of the Secretariat 4.shall be exclusively international in character. In the discharge of their duties, theDirector-General and the staff of the Secretariat shall not seek or accept instructionsfrom any government or any other authority external to the WTO. They shall refrain fromany action which might adversely reflect on their position as international officials. TheMembers of the WTO shall respect the international character of the responsibilities ofthe Director-General and of the staff of the Secretariat and shall not seek to influencethem in the discharge of their duties.Article VII back to top Budget and Contributions1. The Director-General shall present to the Committee on Budget, Finance andAdministration the annual budget estimate and financial statement of the WTO. TheCommittee on Budget, Finance and Administration shall review the annual budget estimate and the financial statement presented by the Director-General and make recommendations thereon to the General Council. The annual budget estimate shall besubject to approval by the General Council.2. The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out: (a) the scale of contributions apportioning the expenses of the WTO among itsMembers; and(b) the measures to be taken in respect of Members in arrears.The financial regulations shall be based, as far as practicable, on the regulations andpractices of GATT 1947.The General Council shall adopt the financial regulations and the annual budget 3.estimate by a two-thirds majority comprising more than half of the Members of the WTO.Each Member shall promptly contribute to the WTO its share in the expenses of4.the WTO in accordance with the financial regulations adopted by the General Council.Article VIII back to top Status of the WTOThe WTO shall have legal personality, and shall be accorded by each of its 1. Members such legal capacity as may be necessary for the exercise of its functions.The WTO shall be accorded by each of its Members such privileges and immunities2.as are necessary for the exercise of its functions.The officials of the WTO and the representatives of the Members shall similarlybe 3.accorded by each of its Members such privileges and immunities as are necessaryfor theindependent exercise of their functions in connection with the WTO.The privileges and immunities to be accorded by a Member to the WTO, its 4. officials, and the representatives of its Members shall be similar to theprivileges andimmunities stipulated in the Convention on the Privileges and Immunities of theSpecialized Agencies, approved by the General Assembly of the United Nations on21November 1947.5. The WTO may conclude a headquarters agreement.Article IX back to top Decision-MakingThe WTO shall continue the practice of decision-making by consensus followed 1. ). Except as otherwise provided, where a decision cannot be arrived under GATT1947(1at by consensus, the matter at issue shall be decided by voting. At meetingsof theMinisterial Conference and the General Council, each Member of the WTO shall haveonevote. Where the European Communities exercise their right to vote, they shallhave a)which are Members of number of votes equal to the number of their member States(2the WTO. Decisions of the Ministerial Conference and the General Council shall betakenby a majority of the votes cast, unless otherwise provided in this Agreement orin the). relevant Multilateral Trade Agreement(3The Ministerial Conference and the General Council shall have the exclusive 2.authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreementin Annex1, they shall exercise their authority on the basis of a recommendation by the Counciloverseeing the functioning of that Agreement. The decision to adopt an interpretationshall be taken by a three-fourths majority of the Members. This paragraph shall not beused in a manner that would undermine the amendment provisions in Article X. In exceptional circumstances, the Ministerial Conference may decide to waive an 3.obligation imposed on a Member by this Agreement or any of the Multilateral Trade ) of the4Agreements, provided that any such decision shall be taken by three fourths (Members unless otherwise provided for in this paragraph.(a) A request for a waiver concerning this Agreement shall be submitted to theMinisterial Conference for consideration pursuant to the practice ofdecision-making by consensus. The Ministerial Conference shall establish a time-period, which shall not exceed 90 days, to consider the request. If consensus is not reached during the time-period, any decision to grant a waiver shall be taken by three fourths4 of the Members.(b) A request for a waiver concerning the Multilateral Trade Agreements inAnnexes 1A or 1B or 1C and their annexes shall be submitted initially to the Council for Trade in Goods, the Council for Trade in Services or the Council for TRIPS, respectively, for consideration during a time-period which shall not exceed 90 days. At the end of the time-period, the relevant Councilshall submit a report to the Ministerial Conference.4. A decision by the Ministerial Conference granting a waiver shall state theexceptional circumstances justifying the decision, the terms and conditions governingthe application of the waiver, and the date on which the waiver shall terminate. Anywaiver granted for a period of more than one year shall be reviewed by the MinisterialConference not later than one year after it is granted, and thereafter annually until thewaiver terminates. In each review, the Ministerial Conference shall examine whether theexceptional circumstances justifying the waiver still exist and whether the terms andconditions attached to the waiver have been met. The Ministerial Conference, on thebasis of the annual review, may extend, modify or terminate the waiver.5. Decisions under a Plurilateral Trade Agreement, including any decisions oninterpretations and waivers, shall be governed by the provisions of that Agreement.Article X back to top Amendments1. Any Member of the WTO may initiate a proposal to amend the provisions of thisAgreement or the Multilateral Trade Agreements in Annex 1 by submitting such proposalto the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may alsosubmit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning of which theyoversee. Unless the Ministerial Conference decides on a longer period, for a period of 90days after the proposal has been tabled formally at the Ministerial Conference anydecision by the Ministerial Conference to submit the proposed amendment to the Members for acceptance shall be taken by consensus. Unless the provisions of paragraphs2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4shall apply. If consensus is reached, the Ministerial Conference shall forthwith submit theproposed amendment to the Members for acceptance. If consensus is not reached at ameeting of the Ministerial Conference within the established period, the MinisterialConference shall decide by a two-thirds majority of the Members whether to submit theproposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unlessthe Ministerial Conference decides by a three-fourths majority of the Members that theprovisions of paragraph 4 shall apply.2. Amendments to the provisions of this Article and to the provisions of the followingArticles shall take effect only upon acceptance by all Members:Article IX of this Agreement;Articles I and II of GATT 1994;Article II:1 of GATS;Article 4 of the Agreement on TRIPS.3. Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of anature that would alter the rights and obligations of the Members, shall take effect forthe Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by it. The Ministerial Conferencemay decide by a three-fourths majority of the Members that any amendment made effective under this paragraph is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall befree to withdraw from the WTO or to remain a Member with the consent of the MinisterialConference.4. Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of anature that would not alter the rights and obligations of the Members, shall take effectfor all Members upon acceptance by two thirds of the Members.Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS 5.and the respective annexes shall take effect for the Members that have accepted themupon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority ofthe Members that any amendment made effective under the preceding provision is ofsuch a nature that any Member which has not accepted it within a period specified by theMinisterial Conference in each case shall be free to withdraw from the WTO or to remaina Member with the consent of the Ministerial Conference. Amendments to Parts IV, V andVI of GATS and the respective annexes shall take effect for all Members upon acceptanceby two thirds of the Members.Notwithstanding the other provisions of this Article, amendments to the6.Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereof maybe adopted by the Ministerial Conference without further formal acceptance process.Any Member accepting an amendment to this Agreement or to a Multilateral Trade 7.Agreement in Annex 1 shall deposit an instrument of acceptance with the Director-General of the WTO within the period of acceptance specified by the MinisterialConference.Any Member of the WTO may initiate a proposal to amend the provisions of the 8. Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal totheMinisterial Conference. The decision to approve amendments to the MultilateralTradeAgreement in Annex 2 shall be made by consensus and these amendments shall takeeffect for all Members upon approval by the Ministerial Conference. Decisionsto approveamendments to the Multilateral Trade Agreement in Annex 3 shall take effect forallMembers upon approval by the Ministerial Conference.The Ministerial Conference, upon the request of the Members parties to a trade9.agreement, may decide exclusively by consensus to add that agreement to Annex4. TheMinisterial Conference, upon the request of the Members parties to a PlurilateralTradeAgreement, may decide to delete that Agreement from Annex 4.Amendments to a Plurilateral Trade Agreement shall be governed by the 10.provisions of that Agreement.Article XI back to top Original Membership1. The contracting parties to GATT 1947 as of the date of entry into forceof thisAgreement, and the European Communities, which accept this Agreement and the Multilateral Trade Agreements and for which Schedules of Concessions and Commitmentsare annexed to GATT 1994 and for which Schedules of Specific Commitments areannexed to GATS shall become original Members of the WTO.The least-developed countries recognized as such by the United Nations will only2.be required to undertake commitments and concessions to the extent consistentwiththeir individual development, financial and trade needs or their administrativeandinstitutional capabilities.Article XII back to top AccessionAny State or separate customs territory possessing full autonomy in the conductof 1.its external commercial relations and of the other matters provided for in this Agreementand the Multilateral Trade Agreements may accede to this Agreement, on terms tobeagreed between it and the WTO. Such accession shall apply to this Agreement andtheMultilateral Trade Agreements annexed thereto.Decisions on accession shall be taken by the Ministerial Conference. The 2. Ministerial Conference shall approve the agreement on the terms of accession byatwo-thirds majority of the Members of the WTO.Accession to a Plurilateral Trade Agreement shall be governed by the provisionsof 3.that Agreement.Article XIII back to top Non-Application of Multilateral Trade Agreements between ParticularMembers1. This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2shallnot apply as between any Member and any other Member if either of the Members,at thetime either becomes a Member, does not consent to such application.2. Paragraph 1 may be invoked between original Members of the WTO which were contracting parties to GATT 1947 only where Article XXXV of that Agreement hadbeeninvoked earlier and was effective as between those contracting parties at thetime ofentry into force for them of this Agreement.3. Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the applicationhas sonotified the Ministerial Conference before the approval of the agreement on theterms ofaccession by the Ministerial Conference.The Ministerial Conference may review the operation of this Article in particular4.cases at the request of any Member and make appropriate recommendations.Non-application of a Plurilateral Trade Agreement between parties to that 5. Agreement shall be governed by the provisions of that Agreement.Article XIV back to top Acceptance, Entry into Force and Deposit 1. This Agreement shall be open for acceptance, by signature or otherwise, bycontracting parties to GATT 1947, and the European Communities, which are eligible tobecome original Members of the WTO in accordance with Article XI of this Agreement. Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral Trade Agreements annexed heretoshall enter into force on the date determined by Ministers in accordance with paragraph3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral TradeNegotiations and shall remain open for acceptance for a period of two years followingthat date unless the Ministers decide otherwise. An acceptance following the entry intoforce of this Agreement shall enter into force on the 30th day following the date of suchacceptance.2. A Member which accepts this Agreement after its entry into force shall implementthose concessions and obligations in the Multilateral Trade Agreements that areto beimplemented over a period of time starting with the entry into force of this Agreement asif it had accepted this Agreement on the date of its entry into force.3. Until the entry into force of this Agreement, the text of this Agreementand theMultilateral Trade Agreements shall be deposited with the Director-General totheCONTRACTING PARTIES to GATT 1947. The Director-General shall promptly furnishacertified true copy of this Agreement and the Multilateral Trade Agreements, andanotification of each acceptance thereof, to each government and the European Communities having accepted this Agreement. This Agreement and the Multilateral Trade Agreements, and any amendments thereto, shall, upon the entry into forceof thisAgreement, be deposited with the Director-General of the WTO.4. The acceptance and entry into force of a Plurilateral Trade Agreement shallbegoverned by the provisions of that Agreement. Such Agreements shall be depositedwiththe Director-General to the CONTRACTING PARTIES to GATT 1947. Upon the entry into force of this Agreement, such Agreements shall be deposited with theDirector-Generalof the WTO.Article XV back to top WithdrawalAny Member may withdraw from this Agreement. Such withdrawal shall apply 1. both to this Agreement and the Multilateral Trade Agreements and shall take effect uponthe expiration of six months from the date on which written notice of withdrawalisreceived by the Director-General of the WTO.Withdrawal from a Plurilateral Trade Agreement shall be governed by the 2. provisions of that Agreement.Article XVI back to top Miscellaneous Provisions1. Except as otherwise provided under this Agreement or the Multilateral TradeAgreements, the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.2. To the extent practicable, the Secretariat of GATT 1947 shall become the Secretariat of the WTO, and the Director-General to the CONTRACTING PARTIES to GATT1947, until such time as the Ministerial Conference has appointed aDirector-General inaccordance with paragraph 2 of Article VI of this Agreement, shall serve as Director-General of the WTO.3. In the event of a conflict between a provision of this Agreement and a provision ofany of the Multilateral Trade Agreements, the provision of this Agreement shall。