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Introduction To Trips Agreement

The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of “promoting access to medicines for all”. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) was negotiated between 1986 and 1994 as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), which led to the creation of the World Trade Organization (WTO). The TRIPS agreement sets minimum levels for different types of intellectual property protection, including copyright, trademarks, patents, industrial design and trade secret protection.

WTO membership implies an obligation to respect the TRIPS agreement. According to the WTO, the agreement seeks to strike a balance between long-term social benefits to society through increased innovation and short-term costs to society due to lack of access to inventions (World Trade Organization: Intellectual Property: Protection and Enforcement. Appeal of the WTO agreement: agreements: wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm). Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides for a mechanism by which a country intending to take action against such practices involving companies in another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding the applicant`s compliance with its confidentiality (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4).