TRIPS Agreement and Related Issues

Table of Contents

TRIPS Agreement

In our last article, we have discussed the basics of intellectual property rights and the types of intellectual property rights. In this article, we will discuss TRIPS Agreement UPSC and the issues revolving around TRIPS.

What is TRIPS agreement?

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive multilateral agreement on intellectual property (IP).
It establishes minimum standards of protection and enforcement that each government has to give to the intellectual property held by nationals of fellow WTO members.
The WTO TRIPS was negotiated during the 1986-94 Uruguay Round, and has introduced intellectual property rules into the multilateral trading system for the first time.
The TRIPS Agreement came into effect on 1 January 1995.

TRIPS Agreement objective

It plays a pivotal role in facilitating trade in knowledge and creativity, in resolving trade disputes over IP, and in assuring WTO members the latitude to achieve their domestic policy objectives.
The WTO’s TRIPS Agreement is an attempt to narrow the gaps in the way these rights are protected and enforced around the world, and to bring them under common international rules.

TRIPS Agreement 1994: Broad areas

How general provisions and basic principles of the multilateral trading system apply to international intellectual property
What the minimum standards of protection are for intellectual property rights that members should provide
Which procedures members should provide for the enforcement of those rights in their own territories
How to settle disputes on intellectual property between members of the WTO
Special transitional arrangements for the implementation of TRIPS provisions.

TRIPS agreement provisions

The TRIPS Agreement contains general provisions and basic principles such as national and most-favoured-nation treatment, as well as exhaustion of rights.
The TRIPS Agreement also covers: copyright and related rights; trademarks; geographical indications; industrial designs; patents, including the protection of new varieties of plants; layout-designs of integrated circuits; and undisclosed information, including trade secrets and test data.

TRIPS agreement WTO: Three main features

Standards: In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the minimum standards of protection to be provided by each Member.
Enforcement: The second main set of provisions deals with domestic procedures and remedies for the enforcement of intellectual property rights. The Agreement lays down certain general principles applicable to all IPR enforcement procedures.
Dispute settlement: The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO’s dispute settlement procedures.