Agreement on Trade-Related Aspects of Intellectual Property Rights

(TRIPS)
Introduction
● The Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) is a comprehensive multilateral agreement on intellectual property
(IP) rights. It was negotiated during the Uruguay Round of GATT and came
into force on January 1, 1995, as part of the establishment of the World Trade
Organization (WTO).
● TRIPS sets minimum standards for the protection and enforcement of
various forms of intellectual property rights (IPRs) in WTO member countries,
making it one of the most influential international agreements on IP.
Objectives of TRIPS
1. Protection of IP Rights: Ensure that adequate and effective protection is
provided for intellectual property rights, while balancing the interests of right
holders and users.
2. Promotion of Technological Innovation: Encourage technological innovation
and the transfer and dissemination of technology, to the mutual advantage of
producers and users of technological knowledge.
3. Reduction of Trade Distortions: Prevent measures and practices that distort
or impede international trade by establishing a multilateral framework for IP
protection and enforcement.
4. Development and Public Welfare: Recognize the need for flexibility in
implementing TRIPS to promote public welfare, especially in the context of
public health, nutrition, and socio-economic development.
Key Principles of TRIPS
1. Most-Favored-Nation (MFN) Treatment:
WTO members must extend any advantage, favor, privilege, or
immunity granted to the nationals of any other country to the nationals
of all other WTO members.
2. National Treatment:
Each member must treat the nationals of other members no less
favorably than its own nationals with regard to the protection of
intellectual property.
3. Minimum Standards of Protection:
TRIPS establishes minimum standards for the protection of various
categories of intellectual property rights, which members must adhere
to in their national laws.
4. Enforcement:
The agreement contains detailed provisions on the enforcement of IP
rights, including civil, criminal, and border measures.
5. Dispute Settlement:
Disputes arising under TRIPS can be brought to the WTO's Dispute
 Settlement Body (DSB), making it unique among international IP
agreements.
Categories of Intellectual Property Covered by TRIPS
TRIPS covers seven key categories of intellectual property:
1. Copyright and Related Rights:
Protects original literary and artistic works (e.g., books, music, films)
and gives authors exclusive rights over their creations. It also covers
related rights for performers, producers of phonograms, and
broadcasting organizations.
2. Trademarks:
Protects signs, symbols, logos, or names used to distinguish goods or
services of one enterprise from those of others. TRIPS requires the
protection of well-known trademarks.
3. Geographical Indications:
Protects indications that identify a product as originating from a
specific place, where a given quality, reputation, or other characteristic
is attributable to its geographical origin (e.g., Champagne, Darjeeling
tea).
4. Industrial Designs:
Protects the aesthetic or ornamental aspects of an article. Industrial
designs must be new or original to qualify for protection.
5. Patents:
Protects inventions, granting the patent holder exclusive rights to
exploit the invention for a limited period (usually 20 years). TRIPS
mandates the protection of both products and processes, across all
fields of technology, with exceptions for certain public interests.
6. Layout-Designs (Topographies) of Integrated Circuits:
Protects the three-dimensional configurations of electronic circuits in
integrated circuit products. This includes both the original layout and
the circuit itself.
7. Protection of Undisclosed Information (Trade Secrets):
Protects undisclosed information such as business secrets, provided
the information is secret, has commercial value, and reasonable steps
have been taken to keep it confidential.
Enforcement of Intellectual Property Rights
TRIPS sets out detailed provisions for the enforcement of IP rights, covering:
1. Civil and Administrative Procedures and Remedies:
Judicial authorities must have the authority to order injunctions, award
damages, and take other actions against IP infringement.
Administrative authorities must also be empowered to order similar
measures.
 2. Provisional Measures:
Courts must be able to order prompt and effective provisional
measures, including the seizure of goods suspected of infringing IP
rights, to prevent the infringement from occurring or continuing.
3. Border Measures:
Members must provide procedures for the suspension of the release of
counterfeit or pirated goods by customs authorities at the border.
4. Criminal Procedures:
Criminal procedures and penalties must be available for cases of
willful trademark counterfeiting and copyright piracy on a commercial
scale.
Special Provisions and Flexibilities
1. Transition Periods:
Developing countries and least-developed countries (LDCs) were given
extended transition periods to implement TRIPS provisions. LDCs
continue to have flexibility in implementing TRIPS, especially
concerning pharmaceutical patents.
2. Public Health (Doha Declaration):
The 2001 Doha Declaration on the TRIPS Agreement and Public Health
reaffirmed members' rights to protect public health and promoted
access t medicines for all. It clarified that TRIPS should not prevent
members from taking measures to address public health crises, such
as compulsory licensing and parallel imports.
3. Technology Transfer:
Developed countries are encouraged to provide incentives for
technology transfer to LDCs, helping them build a viable technological
base.
Significance of TRIPS
1. Harmonization of IP Standards:
TRIPS has harmonized IP protection globally, ensuring that all WTO
members adhere to a common set of standards.
2. Linking IP with Trade:
TRIPS has linked intellectual property rights with trade, making the
protection of IP a fundamental part of the global trading system.
3. Access to Dispute Settlement:
TRIPS provides a mechanism for resolving disputes over IP issues
through the WTO’s dispute settlement system, which has been widely
used.
4. Impact on Innovation:
By providing strong protection for intellectual property, TRIPS
encourages innovation and creativity, benefiting industries like
 pharmaceuticals, technology, and entertainment.
Challenges and Criticisms
1. Access to Medicines:
Critics argue that TRIPS has led to higher prices for medicines,
particularly in developing countries, by strengthening patent protection
for pharmaceuticals.
2. Technology Transfer:
The anticipated benefits of technology transfer to developing countries
have been limited, leading to criticism that TRIPS favors developed
countries.
3. Implementation Costs:
Implementing TRIPS-compliant IP systems can be costly for
developing countries, diverting resources from other development
priorities.
4. Balancing Rights and Public Welfare:
Striking a balance between protecting IP rights and ensuring access to
essential goods and services, particularly in areas like public health,
remains a contentious issue.
TRIPS and Future Directions
● Evolving IP Standards: As technology evolves, there is a growing need to
address new issues like digital rights, biotechnology, and artificial intelligence
within the TRIPS framework.
● Addressing Inequities: Ongoing discussions focus on how to make TRIPS
more responsive to the needs of developing countries, particularly in areas like
access to medicines and technology transfer.
● Sustainability and Development: There is increasing attention on how TRIPS
can support sustainable development, balancing IP protection with the need
to address global challenges like climate change and public health.