Статья 8.8. Патенты / Article 8.8. Patents

Article 8.8
Patents

1. The Parties shall, in accordance with their respective laws and regulations and Articles 27 through 34 of the TRIPS Agreement, provide adequate and effective protection of patents. Patent protection may be ensured through protection of inventions or utility models in accordance with the respective laws and regulations of each Party.

2. Subject to the provisions of paragraphs 3 and 4, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application ⁸. Subject to paragraph 4 of Article 65 and paragraph 8 of Article 70 of the TRIPS Agreement, and paragraph 4 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.

3. Each Party may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by its laws and regulations.

4. Each Party may also exclude from patentability:

(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;

(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.

However, the Parties shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. ⁹

5. Each Party shall ensure that any patent application is not rejected solely on the ground that the subject matter claimed in the application includes a computer programme. Patent applications for invention relating to computer programmes, which forms a technical solution, may be included to the patentable subject matter according to a Party's laws and regulations.