(1) Copyright and neighboring rights;
(2) trademark rights;
(3) the right of geographical indications;
(4) the right of industrial design;
(5) Patent right;
(6) Layout design (topology) rights of integrated circuits;
(7) The exclusive right of undisclosed information.
Because the intellectual property agreement in GATT was concluded at the strong request of the United States; Because the agreement clearly stipulates that the author's moral rights can not be protected, it can be seen that this agreement is biased towards the theory of "copyright" rather than "director's right". Therefore, the translation of "copyright" in the agreement is more appropriate. As for "neighboring right", the agreement uses the earliest usage from Italy and Germany, that is, "related right". There is no essential difference between the two.
In fact, the protection of undisclosed information involved in the agreement mainly refers to the protection of "trade secrets", which naturally includes the protection of proprietary technology. For many years, the theoretical and judicial circles of intellectual property law have been arguing whether trade secrets can be treated as a kind of property right. However, the intellectual property agreement of GATT gives a positive answer at least in the field of international trade.
Related to "trade", "trade" here mainly refers to the sales of tangible goods. Trade in services is also a kind of trade, but judging from the classification of the final document of the Uruguay Round, the agreement on trade-related intellectual property rights does not involve trade in services. In addition, there is a General Agreement on Trade in Services to regulate trade in services.
Related to "trade", "trade" here includes both the trade that the activity itself may be legal and the trade of counterfeit goods, that is, the activity itself must be illegal trade. In the past trade activities, the problem of intellectual property protection sometimes appeared. In the later trade activities, there are always problems of cracking down on counterfeiting and protecting intellectual property rights. Therefore, before the final text of 1994 was formed, the title of the agreement was: Agreement on Intellectual Property Rights Related to fra de, including Trade in Countervailing Commodities. In the past, some Chinese versions translated the title of the intellectual property sub-agreement in GATT as "trade-related intellectual property agreement, including the trade of counterfeit goods", although compared with the word order of foreign languages, it made people feel that it was a word-for-word translation and impeccable. But this translation may make some people unable to understand its meaning; It is not the intention to make another part of people mistakenly think that "intellectual property" includes "counterfeit trade". So this translation is not exact. The exact translation should be: "Agreement on Trade-Related Aspects of Intellectual Property Rights (including trade in counterfeit goods)" 1994. After that, the scope of the agreement includes the undisputed trade in counterfeit goods, which has been understood and accepted by all countries, so the postscript of "including trade in counterfeit goods" no longer appears in the title of the final text-it has become history.
"Intellectual property" can be divided into broad sense and narrow sense. Generally speaking, the right of scientific discovery in broad intellectual property rights has little to do with folk literature and trade, so it is not involved in this document. A part of the exclusive right of practical technology in the narrow sense of intellectual property rights, which is not stipulated in this agreement (for example, "utility model"). It can be seen that the intellectual property rights involved in this agreement are neither narrow intellectual property rights as people usually understand, nor broad intellectual property rights as defined in the Convention on the Establishment of the World Intellectual Property Organization. The intellectual property rights in this agreement have their specific scope. This range is determined by the needs of international trade practice (more precisely, by the actual needs of one or some economic powers to protect their own interests in foreign trade). Because of this, issues such as protecting the "moral rights" of creators are also considered to have nothing to do with trade and are excluded from the agreement.