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Trade Related Aspects Of Intellectual Property Rights (Trips) Agreement

TRIPS requires Member States to ensure strong protection of intellectual property rights. For example, under TRIPS, the WTO Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS) oversees the implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), provides a forum in which WTO members can be consulted on intellectual property issues, and exercises the specific competences assigned to the Council in the TRIPS Agreement. It was therefore argued that the TRIPS standard, which required all countries to establish rigorous IP systems, would be detrimental to the development of poorer countries. [13] [14] It has been argued that, in the strategic interest of most, if not all, underdeveloped nations, it is to use the flexibility available in TRIPS to adopt IP laws that are as weak as possible. [15] In particular, TRIPS obliges WTO members to grant copyrights that include authors and other copyright holders, as well as holders of related rights, namely performers, producers of phonograms and broadcasters. geographical indications; industrial designs; Layout designs for integrated circuits; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information. TRIPS also lays down enforcement procedures, remedies and dispute settlement procedures. The protection and enforcement of all intellectual property rights must be consistent with the objectives of contributing to the promotion of technological innovation and the transfer and dissemination of technology, for the mutual benefit of producers and users of technological knowledge and in a manner that promotes social and economic well-being and a balance between rights and obligations. Council Decision 94/800/EC on the conclusion, on behalf of the European Union, of agreements concluded in the framework of the Uruguay Round multilateral negotiations (1986 to 1994) provides that computer programs, whether contained in the source code or subject matter, are to be protected as literary works under the Berne Convention (1971). 2. Compilations of data or any other material, whether in machine-readable or other forms, that constitute spiritual creations by reason of their choice or arrangement, are protected as such. This protection, which does not extend to the data or the material itself, does not affect the copyright of the data or the material itself. » News on the TRIPS Council and intellectual property at the WTO, prepared for non-specialists.

Unlike other intellectual property agreements, TRIPS has an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. The TRIPS Agreement establishes minimum standards for the protection of copyright and related rights, trademarks, geographical indications (PGIs), industrial designs, patents, layout projects for integrated circuits and undisclosed information.

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