Trips Agreement Main Features

The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain. The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. (d) international intellectual property protection agreements that came into force prior to the ENTRY into force of the WTO agreement, provided that these agreements are notified to the Travel Council and do not constitute arbitrary or unjustified discrimination against nationals of other members. The agreement essentially introduced global minimum standards for the protection and enforcement of almost all forms of intellectual property rights (IPRs), but did not set global minimum standards for patents. 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. How to apply the fundamental principles of the trading system and other international IP agreements – How to properly protect intellectual property rights – How countries should properly enforce these rights in their own territory – How to resolve intellectual property disputes between WTO members – Special transitional terms when the new system is introduced. (a) arising from international agreements on mutual legal assistance or general criminal prosecutions and which are not particularly limited to the protection of intellectual property; In addition, the agreement provides for certain fundamental principles, such as the treatment of the most favoured national and state states, as well as certain general rules, to ensure that procedural difficulties encountered in acquiring or maintaining the gains and others do not destroy the material benefits that the agreement should have. The obligations under the agreement also apply to all Member States, but developing countries have a longer period of time to include them.

Specific transitional provisions apply in a situation where a developing country currently offers no patent protection for products in the field of medicines. An agreement reached in 2003 relaxed domestic market requirements and allows developing countries to export to other countries with a public health problem as long as exported drugs are not part of a trade or industrial policy. [10] Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is an agreement of international law between all World Trade Organization (WTO) member states. It sets minimum standards for the regulation of different forms of intellectual property by national governments, as is the case for nationals of other WTO member states. [3] The TRIPS agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is managed by the WTO. Articles 3, 4 and 5 contain the basic rules on the treatment of foreigners by nationals and the most advantaged, which are common to all categories of intellectual property covered by the agreement. These obligations relate not only to standards of material protection, but also to issues relating to the availability, acquisition, scope, maintenance and application of intellectual property rights, as well as intellectual property issues that are explicitly mentioned in the agreement.