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Intellectual Property Rights

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) recognizes that widely varying standards in the protection and enforcement of intellectual property rights and the lack of multilateral disciplines dealing with international trade in counterfeit goods have been a growing source of tension in international economic relations. With that in mind, the agreement addresses the applicability of basic GATT principles and those of relevant international intellectual property agreements; the provision of adequate intellectual property rights; the provision of effective enforcement measures for those rights; multilateral dispute settlement; and transitional implementation arrangements.

Part I of the agreement sets out general provisions and basic principles, notably a national-treatment commitment under which nationals of other members must be given treatment no less favourable than that accorded to a member's own nationals with regard to the protection of intellectual property.

Part II addresses different kinds of intellectual property rights. It seeks to ensure that adequate standards of intellectual property protection exist in all member countries, taking as a starting point the substantive obligations of the main pre-existing conventions of the World Intellectual Property Organization (WIPO) - namely, the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works (copyright).

With respect to copyright, the agreement ensures that computer programs will be protected as literary works under the Berne Convention and outlines how data bases should be protected.

The agreement defines what types of signs must be eligible for protection as trademarks or service marks and what the minimum rights conferred on their owners must be. Marks that have become well-known in a particular country enjoy additional protection. The agreement identifies a number of obligations for the use of trademarks and service marks, their terms of protection, and their licensing or assignment.

Industrial designs are protected under the agreement for a period of 10 years. Owners of protected designs must be able to prevent the manufacture, sale or importation of articles bearing or embodying a design which is a copy of the protected design.

As for patents, the agreement requires that 20-year patent protection be available for all inventions, whether of products or processes, in almost all fields of technology.

With respect to the protection of layout designs of integrated circuits, members are to provide protection on the basis of the Washington Treaty on Intellectual Property. Protection must be available for a minimum period of 10 years;

Trade secrets and know-how which have commercial value must be protected against breach of confidence and other acts contrary to honest commercial practices. The final section in this part of the agreement concerns anti-competitive practices in contractual licenses. It recognizes the right of members to take measures in this area.



Part III of the agreement concerns enforcement. It sets out the obligations of member governments to provide procedures and remedies under their domestic law to ensure that intellectual property rights can be effectively enforced. A Council for Trade-Related Aspects of Intellectual Property Rights monitors the operation of the agreement and governments' compliance with it.

 


Date: 2015-12-24; view: 917


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