18. December 2020 The Trips Agreement Has As Its Preambular Objective Recognising the fundamental public policy objectives of national IP protection systems, including development and technology objectives; Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is an agreement of international law between all World Trade Organization (WTO) member states. It sets minimum standards for the regulation of different forms of intellectual property by national governments, as is the case for nationals of other WTO member states. [3] The TRIPS agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is managed by the WTO. The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain. The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. In particular, the TRIPS requires WTO members to grant intellectual property rights to authors and other copyright holders as well as to neighbouring rights holders, i.e. performers, phonograms and broadcasters; Geographical indications Industrial designs; Built-in switching designs Patents New plant varieties Brands; Trade names and undisclosed or confidential information. TRIPS also defines enforcement procedures, remedies and dispute resolution procedures. The protection and enforcement of all intellectual property rights must be consistent with the objectives that contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual benefit of producers and users of technological knowledge, and in a way that promotes social and economic well-being, and a balance of rights and obligations. With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. NomikAdmin 18. December 2020 Previous Post Next Post