INTRODUCTION TO TRIPS
• Write a comprehensive note in TRIPs Agreement.
• "TRIPs Agreement is a minimum standard which allows members to give
more extensive protection to IPRs"' Comment
• "The WTO Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS) is the most comprehensive multilateral agreement on
Intellectual Property that plays a central role in facilitating trade in
knowledge and creativity, in resolving trade disputes over Intellectual
Property, and in assuring WTO members the latitude to achieve their
domestic policy objectives." Elucidate.
INTRODUCTION
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
enacted in 1994, is a foundational international treaty that standardizes intellectual property
regulations among member nations of the World Trade Organization (WTO). Serving as a
comprehensive framework, TRIPS not only fosters the exchange of knowledge and creativity
but also establishes mechanisms for resolving trade disputes related to intellectual property.
Furthermore, it provides WTO members with the flexibility to pursue their domestic policy
objectives within the realm of intellectual property law. TRIPS thus plays a central role in
promoting innovation, safeguarding intellectual property rights, and bolstering the global
economy's knowledge-based industries.
What is TRIPS
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a
comprehensive international agreement within the World Trade Organization (WTO) that
addresses intellectual property rights (IP).
It serves as a pivotal framework for facilitating trade in knowledge and creativity, resolving
disputes related to IP, and allowing WTO members to pursue their domestic policy goals.
TRIPS emphasizes the importance of innovation, technology transfer, and public welfare
within the IP system, recognizing the interconnectedness of IP and trade while striving for a
balanced approach to intellectual property.
Need for TRIPS:
1. The need for the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) arose due to significant disparities in the protection and enforcement of intellectual
property rights (IP) worldwide, resulting in tensions in international economic relations.
2. Recognizing the growing importance of intellectual property in trade, there was a
consensus on the necessity for internationally-agreed trade rules to bring greater order,
predictability, and systematic dispute resolution to this area.
3. TRIPS was established to set minimum standards for the regulation of various forms of
intellectual property by national governments concerning citizens of other World Trade
Organization (WTO) member nations.
4. Despite setting these minimum standards, TRIPS provides considerable flexibility for
WTO members to tailor their approaches to intellectual property protection and enforcement
to suit their specific needs and public policy objectives.
Incorporation of Existing Conventions: TRIPS requires compliance with substantive
obligations of the Paris Convention and the Berne Convention. Most provisions of these
conventions are incorporated by reference.
Additional Obligations: TRIPS adds new obligations to address gaps in IP protection and
enforcement, making it a 'Berne plus' and 'Paris-plus' agreement.
References to Other Conventions: TRIPS provisions on related rights refer to the Rome
Convention, while layout-designs of integrated circuits incorporate IPIC Treaty provisions.
Safeguard Clause: Article 2.2 of TRIPS ensures that its provisions do not override existing
obligations under the Paris Convention, Berne Convention, Rome Convention, or IPIC
Treaty.
Basic Principles:
1. National Treatment:
- National Treatment ensures that foreign nationals are treated no less favorably than one's
own nationals.
- In the context of goods, both imported and locally-produced goods should receive equal
treatment once the foreign goods have entered the market.
- While countries can levy import duties, once the product enters the market, it should
have an equal chance to compete with domestic products.
2. Most Favoured Nation (MFN):
- The MFN principle mandates non-discrimination among nationals of trading partners.
- Under WTO agreements, countries cannot typically discriminate between their trading
partners.
- If a country grants a special favor to one trading partner, it must extend the same favor
to all WTO members.
- Some exceptions exist, such as free trade agreements, but they must adhere to strict
conditions.
3. Minimum Standards Agreement:
- The TRIPS Agreement establishes minimum standards of protection for intellectual
property rights.
- Members have the discretion to provide more extensive protection than required by the
Agreement, as long as it aligns with its provisions.
- Longer terms of protection can be granted, but without discriminatory practices.
- Members have flexibility in implementing TRIPS provisions within their legal
frameworks.
These principles form the foundation of international trade agreements, promoting fairness,
non-discrimination, and minimum standards of protection for intellectual property rights.
The TRIPS Agreement is a comprehensive multilateral agreement on IP. It deals with each of
the main categories of IPRs, establishes standards of protection as well as rules on
administration and enforcement of IPRs, and provides for the application of the WTO dispute
settlement mechanism to resolve disputes between members concerning compliance with its
standards.
General provisions and basic principles:
Part I of the Agreement sets out general provisions and basic principles of the Agreement,
such as national treatment and most-favoured-nation (MFN) treatment, and exhaustion of
IPRs. It also articulates the link with other international conventions in the field of IP,
including specifying the provisions of the Paris Convention that apply under the Agreement.
Standards of IP Protection under TRIPS
The TRIPS Agreement establishes minimum standards of intellectual property (IP) protection
for WTO members across various fields:
1.Copyright and Related Rights: Covering performers, producers of sound recordings, and
broadcasting organizations.
2. Trademarks: Including service marks.
3. Geographical Indications (GIs).
4. Industrial Designs.
5. Patents: Including protection for new plant varieties.
6. Layout-Designs of Integrated Circuits.
7. Undisclosed Information: Encompassing trade secrets and test data.
Repression of Unfair Competition:
TRIPS incorporates Article 10bis of the Paris Convention, obliging members to address
unfair competition. It also extends to trade names under Article 10ter.
Protection Elements:
Each field of IP protection under TRIPS defines:
- Eligibility for protection
- Scope of conferred rights
- Permissible exceptions
- Minimum duration of protection
