The TRIPS Agreement, formally known as the Trade-Related Aspects of Intellectual Property

Rights, stands as a landmark treaty that revolutionized the way intellectual property (IP) is
governed across the globe. It was introduced in 1995 during the Uruguay Round negotiations of
the GATT (1986-1994) administered by WTO, aiming to set minimum standards for IP
protection among member nations.

Historical Background Before TRIPS, the protection of intellectual property varied

To address this imbalance, developed nations pushed for stronger IP protection, while
developing countries feared such reforms would restrict access to essential medicines and
technology. The compromise emerged during the Uruguay Round negotiations, giving birth to
the TRIPS Agreement under the WTO in 1995. This agreement established uniform IP standards
while allowing certain flexibilities for developing countries.

Conventions in History Several key conventions played an essential role in shaping intellectual
property rights before TRIPS:

1. The Paris Convention (1883, 1967): Focused on industrial property rights like patents
and trademarks, ensuring foreign inventors received equal protection in member states. It
introduced the concept of "national treatment," a cornerstone of modern IP law.
2. The Berne Convention (1886, 1971): Focused on copyright protection, guaranteeing
automatic protection of creative works across member states. It emphasized moral rights
for authors, safeguarding the integrity of their work.
3. The Washington Treaty (1989): Also known as the Treaty on Intellectual Property in
Respect of Integrated Circuits, it aimed to protect the layout designs of semiconductor
chips, which later influenced TRIPS.
4. The Rome Convention (1961): This treaty protects the rights of performers, producers
of phonograms, and broadcasting organizations, extending significant protections for
creative works in the performing arts and media sectors.

Key Provisions of TRIPS The TRIPS Agreement outlines comprehensive guidelines across
multiple categories of intellectual property. I would like to highlight some key provisions:

1. Copyrights:
o Protects original literary, artistic, and musical works. It grants exclusive rights to
reproduce, distribute, and display creative content. The minimum term of
protection is 50 years after the creator's death.
2. Trademarks:
o Identifies and distinguishes goods or services through distinctive signs, logos, or
symbols. Protection is renewable indefinitely, typically in 10-year increments.
 3. Geographical Indications (GIs):
o Protects names or signs that signify the origin of products with unique qualities
linked to that region (e.g., Champagne, Darjeeling Tea). Protection lasts
indefinitely as long as the conditions of origin are maintained.
4. Patents:
o Grants exclusive rights for new inventions, whether a product or process, offering
a solution to a specific technical problem. The term of protection is 20 years from
the filing date.
5. Industrial Designs:
o Protects the aesthetic or ornamental aspects of a product. The minimum term of
protection is 10 years.
6. Trade Secrets:
o Protects confidential business information that gives a competitive edge.
Protection continues indefinitely as long as secrecy is maintained.
7. Layout Designs of Integrated Circuits:
o Protects the design of semiconductor circuits used in electronics. The term of
protection is 10 years from the date of registration or first commercial
exploitation.
8. Undisclosed Information (Data Protection):
o Protects valuable test data, particularly in the pharmaceutical and agricultural
sectors, from unfair commercial use. Protection applies for a reasonable period,
often interpreted as 5 years.

Post-Agreement Modifications and Developments Over the years, TRIPS has evolved to
address public health and access to essential medicines. A major milestone was the Doha
Declaration of 2001, which reaffirmed the right of WTO members to prioritize public health
over strict IP enforcement. It permitted compulsory licensing to ensure affordable medicine
during health crises.

In recent years, the COVID-19 pandemic reignited debates on TRIPS flexibilities. India and
South Africa jointly proposed a waiver on TRIPS obligations for vaccines, medical equipment,
and treatments. This debate culminated in a partial waiver at the WTO's 12th Ministerial
Conference in Geneva, though the waiver was limited to vaccines.

The Way Forward As the world faces digital advancements, climate change, and increasing
health emergencies, the TRIPS Agreement must continuously evolve. The ongoing discussions
about TRIPS reforms emphasize balancing innovation incentives with broader social welfare and
global equity.

Conclusion To conclude, the TRIPS Agreement has played a crucial role in shaping
international trade, innovation, and economic growth. While it successfully introduced global IP
standards, challenges regarding public health, access to medicines, and fair competition remain.
Moving forward, TRIPS must strike a careful balance between protecting inventors and ensuring
equitable access to essential resources.
 Article 7
Objectives
The protection and enforcement of intellectual property rights should contribute to the
promotion of technological innovation and to the transfer and dissemination of technology, to the
mutual advantage of producers and users of technological knowledge and in a manner conducive
to social and economic welfare, and to a balance of rights and obligations.

Article 8
Principles
1. Members may, in formulating or amending their laws and regulations, adopt measures
necessary to protect public health and nutrition, and to promote the public interest in sectors of
vital importance to their socio-economic and technological development, provided that such
measures are consistent with the provisions of this Agreement.
2. Appropriate measures, provided that they are consistent with the provisions of this
Agreement, may be needed to prevent the abuse of intellectual property rights by right holders or
the resort to practices which unreasonably restrain trade or adversely affect the international
transfer of technology.
Function

Setting standard

Ensuring enforcement