Common use of Possible interpretations Clause in Contracts

Possible interpretations. Article 65 contains the transition period available for developed (para. 1), develop- ing (para. 2) and economies in transition countries (para. 3). Article 66.1 contains the transition period for LDCs. These transition periods are effective automatically and do not have to be specifically requested or reserved. 1. Subject to the provisions of paragraphs 2, 3 and 4, no Member shall be obliged to apply the provisions of this Agreement before the expiry of a general period of one year following the date of entry into force of the WTO Agreement. This provision lays down a general transition period that applies to all WTO Mem- bers, irrespective of their status. Accordingly, no Member was obligated to fully apply the provisions of TRIPS until one year after the entry into force of the Agree- ment (1 January 1995), i.e., until 1 January 1996. Note that this general transition period is made subject to the provisions of paragraphs 2, 3 and 4 of Article 65. 19 In brief, the mailbox rule obliges Members benefiting from a transition period to register incom- ing patent applications for later examination, thus preserving priority and novelty of the relevant inventions. An exclusive marketing right (EMR) has to be granted in lieu of a patent during the transition period, provided that certain important preconditions are met. Note that the obligation to provide EMRs does not apply to LDCs, see below, Section 6.2. For more details on the mailbox rule and on the notion of EMRs, see Chapter 36 (Transitional Provisions).