Wto Agreement On Trade-Related Aspects Of Intellectual Property Rights 1994 (Trips)
April 16, 2021
The TRIPS agreement is Schedule 1C of the World Trade Organization agreement signed on 15 April 1994 in Marrakech, Morocco. Intellectual property trade, commonly known as TRIPS, is a multilateral agreement within the framework of the World Trade Organization (WTO) that came into force in 1994. This was the first such agreement that treated intellectual property rights, particularly copyright and patents, as a global trade issue, with the theory that one country`s inability to protect another`s intellectual property creates an obstacle to trade between these countries. However, the definition of intellectual property as a trade issue was inspired by access to established WTO enforcement mechanisms, which can authorize the application of trade sanctions against countries that do not meet agreed standards. Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4).
(a) arising from international agreements on mutual legal assistance or general criminal prosecutions and which are not particularly limited to the protection of intellectual property; The exclusive rights that must be granted through a product patent are rights that are manufactured, used, sold, sold and imported for these purposes.