(Signed at 1994 65438+ 10/month 1)
Part I General Principles and Basic Principles
The second part is about the effectiveness, scope and use standard of intellectual property rights.
1. Copyright and related rights
2. Trademark
3. Geographical indications
4. Industrial design
5. patents
6. Integrated circuit design (distribution map)
7. Protect undisclosed information
8. Control of anti-competitive behavior in contract licensing
Part III Enforcement of Intellectual Property Rights
1 general obligations
2. Civil and administrative procedures and remedies
3. Interim measures
4. Special requirements for border measures
5. Criminal proceedings
The fourth part is the acquisition and maintenance of intellectual property rights and related procedures.
Part V Prevention and Settlement of Disputes
Part VI Transitional Arrangements
The seventh part is institutional arrangement; final articles
Members:
Desiring to reduce distortions and obstacles in international trade, taking into account the need to strengthen effective and full protection of intellectual property rights, and ensuring that measures and procedures for implementing intellectual property rights will not themselves become obstacles to legitimate trade;
Recognizing that new rules and disciplines are needed for this purpose on the following issues:
(a) Basic principles concerning the application of GATT 1994 and relevant international intellectual property agreements or conventions;
(b) Appropriate standards and principles for formulating the validity, scope and use of trade-related intellectual property rights;
(c) To provide effective and appropriate methods for the enforcement of trade-related intellectual property rights, taking into account the differences of national legal systems;
(d) On the establishment of effective and speedy procedures for the prevention and settlement of intergovernmental disputes at the multilateral level;
(e) Regarding the formulation of transitional arrangements, the results of the negotiations can be implemented in the widest scope.
Recognizing the need for a multilateral framework containing principles, rules and disciplines to deal with the problem of international counterfeit trade;
Recognize that intellectual property rights are private rights;
Recognizing the most basic public policy objectives of intellectual property protection systems in various countries, including development objectives and technical objectives;
Also recognizes that the least developed country members need maximum flexibility in the domestic implementation of laws and regulations, in order to create a sound and feasible technological foundation;
Emphasize the importance of reaching a strong commitment through multilateral procedures to resolve trade-related intellectual property disputes and thus reduce friction;
Hope to establish a mutually supportive relationship between the World Trade Organization and the World Intellectual Property Organization (hereinafter referred to as "WIPO" in this Agreement) and other relevant international organizations;
The agreement is as follows:
Part I General Principles and Basic Principles
Article 1 Nature and scope of obligations
1. Members shall give effect to the provisions of this Agreement. Members may, but are not obliged to, implement in their laws protection wider than that required by this Agreement, provided that such protection does not violate the provisions of this Agreement. Members have the right to formulate appropriate methods for implementing the provisions of this Agreement in their own legal systems and practices.
2. For the purpose of this Agreement, the term "intellectual property rights" refers to all kinds of intellectual property rights mentioned in Section 1 to Section 7 of Part II.
3. Members shall give the nationals of other Members the treatment provided for in this Agreement. As far as relevant intellectual property rights are concerned, nationals of other members should be understood as natural persons or legal persons who meet the protection qualification standards stipulated in the Paris Convention (1967), the Berne Convention (197 1), the Rome Convention and the Treaty on Intellectual Property Rights of Integrated Circuits, if all members of the World Trade Organization are these conventions. Any member who avails himself of the rights stipulated in Article 5, paragraph 3, and Article 6, paragraph 2, of the Treaty of Rome shall notify the Council for Trade-related Intellectual Property Rights (TRIPS Council) in accordance with these provisions.
Note: ① When "nationals" are mentioned in this Agreement, if they are members of a separate customs territory of the World Trade Organization, they shall be regarded as natural persons or legal persons who live in the customs territory or have real or effective industrial or commercial facilities in the customs territory.
② In this Agreement, the Paris Convention refers to the Paris Convention for the Protection of Industrial Property; "Paris Convention (1967)" means the Stockholm Protocol of1July 967 1967 Japan Convention. "Berne Convention" means the Berne Convention for the Protection of Literary and Artistic Works; "Berne Convention (197 1)" means the "Paris Protocol" of the Japanese Convention of July 24th,197/kloc-0. "Rome Convention" means the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, which was adopted in Rome on October 26th. IPIC Treaty refers to1IPIC Treaty adopted in Washington on May 26th, 989. "WTO Agreement" refers to the agreement establishing the WTO.
Article 2 Intellectual Property Convention
1. As far as Parts II, III and IV of this Agreement are concerned, Members shall abide by Articles 1 to 12 and 19 of the Paris Convention (1967).
2. Nothing in Parts I to IV of this Agreement shall deviate from the existing mutual obligations between members under the Paris Convention, Berne Convention, Rome Convention and the intellectual property treaty of integrated circuits.
Article 3 National treatment
1. With regard to the protection of intellectual property rights (1), the treatment given by members to nationals of other members should not be lower than that given to their own nationals, unless the Paris Convention (1967), the Berne Convention (197 1) and the Rome Convention are adopted. For performers, producers of phonograms and broadcasting organizations, this obligation only applies to the rights stipulated in this agreement. Any member who avails himself of the rights stipulated in Article 6 of the Berne Convention or paragraph 16 1 (b) of the Rome Convention shall notify the Council of TRIPS in accordance with these provisions.
Note: ① In Articles 3 and 4, the term "protection" shall include matters that affect the effectiveness, acquisition, scope, maintenance and enforcement of intellectual property rights, as well as matters that specifically affect the use of intellectual property rights in this Agreement.
2. Members may make use of the exceptions in judicial and administrative procedures permitted by Article 1, including the designation of service places and agents within the jurisdiction of a Member, as long as these exceptions are necessary to ensure compliance with laws and regulations that do not violate the provisions of this Agreement, and the implementation of such practices does not constitute disguised restrictions on trade.
Article 4 Most Favoured Nation Treatment
In terms of intellectual property protection, any benefits, preferences, privileges or immunities granted by a member to the nationals of any other member shall be immediately and unconditionally granted to the nationals of all other members. In addition to this obligation, the following benefits, preferences, privileges or immunities are granted by a member:
(a) International agreements on mutual legal assistance or law enforcement of a general nature, but not specifically limited to the protection of intellectual property rights;
(b) According to the Berne Convention (197 1) or the Rome Convention, the treatment they authorized was not national treatment, but treatment granted by another country;
(c) The rights of performers, producers of phonograms and broadcasting organizations not specified in this Agreement;
(d) Originated from international agreements on intellectual property protection that came into effect before the entry into force of the Agreement on the Establishment of the World Trade Organization (hereinafter referred to as the Agreement on the Establishment of the WTO), provided that such international agreements have been notified to the Council of TRIPS and do not cause arbitrary or unfair discrimination to nationals of other members.
Article 5 Multilateral agreements on obtaining or maintaining protection
The obligations in Articles 3 and 4 do not apply to the procedures stipulated in multilateral agreements on the acquisition or maintenance of intellectual property rights reached under the auspices of WIPO.
Article 6 Exhaustion principle
As far as the dispute settlement under this agreement is concerned, this agreement shall not be used to deal with the principle of exhaustion of intellectual property rights on the premise of complying with the provisions of Articles 2 and 4.
Article 7 objectives
The protection and implementation of intellectual property rights should help to promote technological innovation and technology transfer and dissemination, so that creators and users of technological knowledge can benefit from each other and contribute to the growth of social and economic welfare and the balance of rights and obligations.
The eighth principle
1. When formulating or amending its laws and regulations, Members may take necessary measures to protect public health and nutrition and promote the public interests of sectors that are vital to their socio-economic and technological development, as long as these measures conform to the provisions of this Agreement.
2. As long as the provisions of this Agreement are met, appropriate measures may be taken when necessary to prevent the holders of intellectual property rights from abusing intellectual property rights or taking practices that unduly restrict trade or seriously affect international technology transfer.
The second part is about the effectiveness, scope and use standard of intellectual property rights.
Section 1 Copyright and Related Rights
Relationship between Article 9 and Berne Convention
1. Members shall abide by Articles 1 to 21 of the Berne Convention (197 1) and its appendices. However, as far as the rights granted or derived from Article 6 bis of the Convention are concerned, Members have no rights and obligations under this Agreement.
2. The scope of copyright protection should extend to expressions, not ideas, procedures, operating methods or mathematical concepts themselves.
Article 10 computer program and data compilation
1. According to Berne Convention (197 1), computer programs, whether source code or object code, should be protected as written works.
2. Data compilation or other data compilation, whether in machine-readable form or other forms, should be protected as intellectual creation as long as it constitutes intellectual creation through the selection or arrangement of its contents. This protection should not extend to the data or the data itself, nor should it damage any copyright existing in the data or the data itself.
Article 11 Lease right
At least in terms of computer programs and film works, members should give authors and their legal successors the right to license or prohibit commercial rental of originals or copies of their copyrighted works to the public. Members shall not assume this obligation for film works, unless such leasing leads to extensive reproduction of the works, which seriously damages the exclusive reproduction right granted by members to the authors and their legal successors. If the program itself is not a necessary object of rental, this obligation does not apply to the rental of computer programs.
Article 12 duration of protection
Except for photographic works or practical works of art, the term of protection of a work is not counted by the life span of a natural person, and it shall be not less than 50 years from the end of the calendar year in which the work was approved for publication, or it shall be not less than 50 years from the end of the calendar year in which the work was created without authorization.
Article 13 Restrictions and Exceptions
Any restrictions or exceptions made by members on exclusive rights should be limited to some special circumstances, which will not conflict with the normal exploitation of the work and will not unreasonably harm the legitimate interests of the obligee.
Article 14 Protection of performers, producers of phonograms and broadcasting organizations
1. As far as recording performances on records is concerned, performers should have the right to prevent the following unauthorized acts: recording their unrecorded performances and copying these recordings. Performers should also have the right to prevent the following acts without their authorization: broadcasting and disseminating their live performances to the public by wireless means.
Producers of phonograms shall have the right to permit or prohibit the direct or indirect reproduction of their phonograms.
3. Broadcasting organizations shall have the right to prohibit the following acts without their authorization: recording their broadcasting programs, copying their recorded contents, rebroadcasting their broadcasting programs through wireless broadcasting and rebroadcasting the same TV broadcasting programs to the public. If a member fails to grant this right to the broadcasting organization, it should give the copyright owner of the broadcast content the right to stop the above-mentioned behavior under the premise of observing the Berne Convention (197 1).
4. The provisions of article 1 1 on computer programs shall basically apply to producers of phonograms and any other person who enjoys the rights of phonograms as stipulated in domestic laws. If the member has implemented the system of paying fair remuneration to the obligee in the rental of records on April 5, 1994, as long as the commercial rental of records does not cause substantial damage to the exclusive reproduction right of the obligee, this system can be retained.
5. The protection period granted to performers and producers of phonograms under this Agreement shall begin at the end of the calendar year in which the recording or performance takes place and last at least until the end of the fiftieth year. The period of protection granted under paragraph 3 shall last at least 20 years, counting from the end of the calendar year in which the broadcast takes place.
6. Any Member may, within the limits permitted by the Rome Convention, set conditions, restrictions, exceptions and reservations on the rights granted in paragraphs 65-438+0, 2 and 3. However, the provisions of article 18 of the Berne Convention (197 1) should also basically apply to the rights enjoyed by performers and producers of phonograms.
Section 2 Trademarks
Article 15 Objects can be protected.
1. Any mark or combination of marks, as long as it can distinguish the goods or services of one enterprise from those of other enterprises, constitutes a trademark. These signs, especially words, including the combination of names, letters, numbers, figures and colors, and any combination of these signs, should be eligible to be registered as trademarks. If the trademark does not have the inherent characteristics that distinguish the relevant goods or services, members can decide whether to register according to the distinctiveness obtained after the use of the trademark. As a condition of registration, members may require that these signs should be visually perceptible.
2. Paragraph 1 should not be understood as preventing members from refusing to register trademarks for other reasons, as long as these reasons do not violate the provisions of the Paris Convention (1967).
3. Members can use it as a prerequisite for registration. However, the actual use of a trademark should not be a condition for applying for registration. An application cannot be rejected just because the trademark has not been used after three years from the date of application.
Under no circumstances should the nature of the goods or services that intend to use the trademark become an obstacle to applying for trademark registration.
5. Members shall publish the trademark immediately before or after registration, and give the person who requests to cancel the registration a reasonable opportunity. In addition, members can provide opportunities to raise objections to trademark registration.
Rights conferred by Article 16
1. The owner of a registered trademark shall have the exclusive right to prevent all third parties from using the same or similar trademark on the same or similar goods or services registered with the trademark without their consent, if such use may cause confusion. If the same trademark is used for the same commodity or service, it should be presumed that there is a possibility of confusion. The above rights shall not damage any existing priority, nor shall they affect the right of members to grant rights based on use.
2. Article 6 bis of the Paris Convention (1967) shall basically apply to services. When determining whether a trademark is well-known, members should consider the procedures for the trademark to be known to the public in relevant departments, including the popularity of the trademark among relevant members due to publicity.
3. Article 6 bis of the Paris Convention (1967) should basically apply to goods or services that are not similar to registered trademarks, as long as the use of trademarks on those goods or services will show that there is a connection between those goods or services and the registered trademark owner, and such use may harm the interests of the registered trademark owner.
Article 17 exception
Members may make limited exceptions to the rights conferred by trademarks, such as the appropriate use of descriptive terms, as long as these exceptions take into account the legitimate interests of trademark owners and third parties.
Article 18 Duration of protection
The period for the first registration and renewal of a trademark shall not be less than 7 years. The registration of a trademark can be renewed indefinitely.
Article 19 Requirements for use
1. If the registration can only be retained if it is required to be used, then the registration can only be revoked after it has not been used for at least three consecutive years, unless the trademark owner puts forward valid reasons to explain that there are obstacles to using the trademark. Although it constitutes an obstacle to the use of the trademark, it is not beyond the will of the trademark owner. If import restrictions or other government requirements are imposed on the goods or services protected by the trademark, it should be regarded as a legitimate reason for not using it.
2. Under the control of the owner, the use of the trademark by the other party shall be regarded as the use for the purpose of retaining the trademark registration.
Article 20 Other requirements
The use of a trademark in the transaction process should not be unreasonably hindered by special requirements. For example, if it is used together with another trademark in a special form or way, it will damage its ability to distinguish the goods or services of one enterprise from those of other enterprises. However, this provision does not hinder this requirement. That is to say, it is required to use the trademark that identifies the enterprise that produces the goods or services together with the trademark that distinguishes the specific goods or services of the enterprise, but the two shall not be linked.
Article 21 Licensing and Transfer
Members may stipulate the conditions of trademark license and transfer, but it should be understood that compulsory license of trademarks is not allowed, and the owner of a registered trademark has the right to transfer the trademark, regardless of whether the trademark belongs to the enterprise or not.
Section 3 Geographical Indications
Article 22 Protection of Geographical Indications
1. Geographical indications referred to in this Agreement refer to the indication that a commodity originated in the territory of a Member or a region or place within the territory, and the quality, reputation or other characteristics of the commodity are essentially attributed to its geographical origin.
2. With regard to geographical indications, Members shall provide legal means to interested parties to prevent:
(a) When marking and describing a commodity in any way, it indicates or implies that the commodity concerned originated in a geographical area other than its real origin, thus misleading the public about the origin of the commodity;
(b) Any use that constitutes unfair competition in the sense of Article10bis of the Paris Convention (1967).
3. If a trademark contains a geographical indication, indicating that the commodity is not originated in the specified area, and if the use of this indication in the trademark of the commodity will make the public misunderstand its true origin, a member may refuse or cancel the registration of the trademark ex officio if its legislation allows it or the interested party requests it.
4. The protection granted under paragraphs 1, 2 and 3 shall apply to geographical indications that falsely indicate to the public that the goods originated in another territory, even though the geographical indications literally indicate that the goods originated in a real territory, region or place.
Article 23 Additional protection of geographical indications of wine and spirits
1. Members shall provide legal means to interested parties to prevent geographical indications for identifying wine from being used for wines of a place of origin other than that indicated in the geographical indications, or geographical indications for identifying spirits of a place of origin other than that indicated in the geographical indications, even if the true origin of the goods has been explained, or the geographical indications are used after translation, or are accompanied by "type", "characteristics" and "imitation".
Note: ① Despite the provisions of Article 42 1, as far as these obligations are concerned, members can still perform them through administrative actions.
2. For wines containing geographical indications for identifying wines or spirits containing geographical indications for identifying spirits, if the legislation of the Member allows or interested parties require wines or spirits that are not of origin, the Member shall refuse or abolish the trademark registration ex officio.
3. If the geographical indications of wine have the same name, each indication shall be protected under the premise of observing Article 22, paragraph 4. In order to ensure that the producers concerned are treated fairly and consumers are not misled, members should determine the feasible conditions for distinguishing trademarks with the same name.
4. In order to promote the protection of wine geographical indications, negotiations should be held in the Council of TRIPS to establish a multilateral system to notify and register wine geographical indications eligible for protection among members participating in the multilateral system.
Article 24 International negotiations: exceptions
1. Members agreed to negotiate in accordance with Article 23 to strengthen the protection of individual geographical indications. A member shall not invoke the provisions of paragraph 4.8 below to refuse to negotiate or reach bilateral or multilateral agreements. During the negotiations, members should be willing to consider the continued application of these provisions to individual geographical indications whose use is the subject of such negotiations.
2. A two-member committee. TRIPS shall constantly review the application of the provisions of this section; The first review shall be conducted within 2 years after the entry into force of the WTO Agreement. Any matter that may affect the performance of obligations under these provisions may be brought to the attention of the Council. At the request of a member, the Council shall consult with any member concerned on matters that cannot be satisfactorily resolved through bilateral or plurilateral consultations. The Council shall take actions agreed by all parties to implement the provisions of this section and promote the objectives of this section.
3. In the process of implementing the provisions of this section, a member shall not reduce the protection of geographical indications that existed in the member before the entry into force of the agreement establishing the WTO.
4. Nothing in this section shall require a Member to prevent any of its nationals or residents from continuing to use a specific geographical indication of another Member to identify wine or spirits in the same way in terms of goods or services, if their nationals or residents continue to use the geographical indication for the same or related goods or services within the territory of the Member (a) at least 15 days ago 1994, or (b).
5. If the application or registration of the trademark is in good faith, or if the right of the trademark is obtained through good faith use before the following dates:
(a) before the date when the provisions set out in Part VI apply to the Member; or
(b) before the geographical indication is protected in its country of origin;
Measures taken to implement the provisions of this section shall not damage the registration qualification of a trademark or the effectiveness of trademark registration or the right to use a trademark because the trademark is identical or similar to a geographical indication.
6. Nothing in this section requires a member to apply its provisions to the geographical indications of goods or services of any other member, as long as the trademarks related to these goods or services are the same as the customary terms used as the common names of these goods or services in the common language. This section does not require any member to apply its provisions to the geographical indications of grape products of any other member, if the geographical indications are the same as the customary names of grape products of that member on the effective date of the WTO Agreement.
7. A Member may stipulate that any request for the use or registration of a trademark under this section must be made within five years after the adverse use of the protected trademark is widely known in the territory of the Member, or if the registration date of the trademark in the territory of the Member is earlier than the date when the adverse use is widely known in the territory of the Member, and if the trademark has been announced before its registration date, it must be made within five years after the date when the trademark is registered in the territory of the Member, provided that the geographical indication has not been maliciously used or registered.
8. This article stipulates that the right of any person to use his name or his predecessor's name in business during the transaction shall not be impaired in any way, unless the use of this name will mislead the public.
9. Under this Agreement, Members have no obligation to protect geographical indications that are not protected or terminated or no longer used in the country of origin.
Section 4 Industrial Design
Article 25 protection requirements
1. Members shall provide protection for new or original industrial designs independently created. Members may stipulate that an industrial design is not new or original if it is not significantly different from a known design or a combination of known design features. Members may stipulate that such protection shall not extend to designs mainly for technical or functional reasons.
2. Each Member shall ensure that the requirements stipulated for obtaining the protection of textile designs, especially those related to any expenses, examination or publicity, will not unreasonably damage the opportunity to seek and obtain such protection. Members can fulfill this obligation by themselves through industrial design law or copyright law.
Article 26 Protection
1. The owner of a protected industrial design shall have the right to prevent a third party from producing, selling or importing goods containing or containing a design that is a copy of the protected design or is essentially a copy for commercial purposes without its consent.
2. Members may provide limited exceptions for the protection of industrial designs, as long as such exceptions will not unreasonably hinder the normal utilization of protected industrial designs, nor unreasonably harm the legitimate interests of the owners of protected industrial designs, taking into account the legitimate interests of third parties.
3. The effective protection period should be at least 10 year.
Section 5 Patents
Article 27 Patentable objects
1. Subject to the provisions of paragraphs 2 and 3, patents shall be granted for any inventions in all technical fields, whether products or methods, as long as they are novel, involve creative steps and can be used in industry. Under the premise of observing the provisions of paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this article, the granting and enjoyment of patents for these inventions should not be different depending on the location of the invention, the technical field, whether the products are imported or locally produced.
Note: ① For the purpose of this article, a member may interpret the terms "creativity" and "industrial application" as synonyms of the predicates "unobvious" and "useful" respectively.
2. If it is necessary to prevent the commercial exploitation of the following inventions in its territory in order to maintain public order or morality, including protecting the life or health of human beings, animals or plants, or to avoid serious damage to the environment, as long as this is not only because its laws prohibit such exploitation, Members shall not grant patent rights to these inventions.
3. Members shall not grant patent rights to the following inventions:
(a) Diagnostic, therapeutic and surgical methods for human or animal bodies;
(b) Plants or animals other than microorganisms and biological processes that produce plants or animals other than biological and microbial processes are basically biological processes. However, members should stipulate that plant varieties should be protected by patents or special and effective systems or through the comprehensive application of both. Members shall review this clause four years after the entry into force of the WTO Agreement.
Rights conferred by Article 28
1. The patent shall give its owner the following exclusive rights:
(a) When the object of a patent is a product, prevent a third party from manufacturing, using, selling, selling or importing the product for these purposes without its consent;
Note: ② This right is the same as the right granted under this Agreement to use, sell, import or distribute goods, and shall comply with the provisions of Article 6.
(b) When the purpose of the patent is a method, prevent a third party from using the method without its consent, or for this purpose, use, peddle, sell or import products obtained at least directly through the method.
2. The patentee also has the right to assign or transfer the patent by inheritance, and sign a license contract.
Article 29 Conditions prescribed for patent applicants
1. Members shall require the patent applicant to disclose his invention clearly and completely, so that those skilled in the field can implement the invention, and may require the applicant to point out the best method for implementing the invention known to the inventor at the filing date or when claiming priority.
2. Members may require patent applicants to provide information about their corresponding foreign applications and authorizations.
Article 30 Exceptions to the Granting of Rights
Members may stipulate limited exceptions to the exclusive right granted by patents, as long as such exceptions will not unreasonably conflict with the normal utilization of patents, nor will they unreasonably harm the legitimate interests of patent owners, taking into account the legitimate interests of third parties.
Thirty-first other purposes without the authorization of the obligee.
If the laws of a member allow other uses of the patent object without the authorization of the right holder, including the use of the government or a third party authorized by the government, the following provisions shall be observed:
Note: ① "Other uses" refers to uses other than those permitted by Article 30.
(a) Such use should be recognized on a case-by-case basis;
(b) Only when the intended user requests the permission of the obligee according to reasonable commercial terms and conditions before use, and fails to obtain such permission within a reasonable time, can such use be allowed. Members may be exempted from this requirement when there is a national emergency or other extreme emergency, or when it is used for public non-commercial purposes. When the whole country is in a state of emergency or other extreme emergencies, as long as it is reasonable and feasible, the obligee should still be notified as soon as possible. If the government or a contracting party knows or has obvious reasons to know that a valid patent is being or will be used by the government or for the government without patent investigation, it shall immediately notify the right holder.
(c) The scope and duration of such use should be limited to the permitted purposes, and in the case of semiconductor technology, it can only be used for non-commercial purposes or to remedy anti-competitive practices determined by judicial or administrative procedures;
(d) Such use shall be non-exclusive;
(e) such use is not transferable, unless it is transferred with the part of the enterprise or reputation that enjoys such use;
(f) Any authorization for such use shall be mainly used for supplying the domestic market of the Licensed Member;
(g) Under the premise of fully protecting the legitimate interests of the licensee, if the circumstances that led to the use license no longer exist and are unlikely to reappear, the use license shall be terminated. After receiving the relevant request, the competent authority has the right to examine whether these situations continue to exist.
(h) Considering the economic value of the relevant licenses, in each case, the right holders should be adequately remunerated;
(i) The legal effect of any decision on such use license shall be subject to judicial review or independent review by the competent authority at the next higher level within the Member;
(j) Any decision on providing remuneration for such use shall be subject to judicial review or independent review by the competent authority at the next higher level within the Member;
(k) Members shall not be obliged to apply the conditions specified in subparagraphs (b) and (f) if the use is allowed to remedy practices determined to be anti-competitive by judicial or administrative procedures. When determining the amount of remuneration in this case, the need to correct anti-competitive practices can be considered. The competent authority has the right to refuse to terminate the license if the circumstances that led to the license may recur;
(l) If such use is allowed to exploit a patent ("the second patent"), and the exploitation of the patent must infringe another patent ("the first patent"), the following additional conditions shall apply:
(i) There is a section