Discuss The Concept Of Trade Related Intellectual Property Agreement

In addition to the basic intellectual property standards established by the TRIPS Agreement, many nations have engaged in bilateral agreements to introduce a higher level of protection. This collection of standards, known as TRIPS+ or TRIPS-Plus, can take many forms. [20] The general objectives of these agreements are as follows: Articles 3, 4 and 5 contain the general rules governing the national and most favoured treatment of foreigners common to all categories of intellectual property covered by the agreement. These obligations include not only substantive standards of protection, but also issues relating to the availability, acquisition, extent, maintenance and enforcement of intellectual property rights, as well as issues relating to the use of intellectual property rights specifically addressed in the agreement. While the national treatment clause prohibits discrimination between nationals of one Member and nationals of other Members, the most-favoured-nation clause prohibits discrimination between nationals of other Members. With regard to the national treatment obligation, derogations permitted by existing WIPO conventions on intellectual property are also permitted under TRIPS. If these derogations allow material reciprocity, a derogation from the highest treatment is also allowed (e.g. (B comparison of conditions for copyright protection which exceed the minimum duration laid down in the TRIPS Agreement, as provided for in Article 7(8) of the Berne Convention, as amended by the TRIPS Agreement). Certain other limited exceptions to the most often mandatory service obligation are also provided. Article 10 of the Agreement provides that `(1) computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971). 2. Compilations of data or other materials, whether machine-readable or otherwise, which constitute spiritual creations by reason of the choice or arrangement of their contents, shall be protected as such.

This protection, which does not extend to the data or the material itself, does not affect the copyright of the data or the material itself. The Agreement on trade aspects of intellectual property rights (TRIPS) is an international agreement between all member states of the World Trade Organization (WTO). It establishes minimum standards for the regulation of different forms of intellectual property (IP) by national governments, as applied to nationals of other WTO member countries. [3] TRIPS 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. Members may provide for limited derogations from the rights conferred by a trademark, such as. B the fair use of descriptive terms, provided that such derogations take account of the legitimate interests of the proprietor of the trade mark and third parties (Article 17). The first registration and any renewal of the registration of a trademark are valid for a period of at least seven years. The registration of a trademark may be extended indefinitely (Article 18). Article 24 contains a number of exceptions to the protection of geographical indications. These derogations are of particular importance for the additional protection of geographical indications for wines and spirits.

For example, Members are not required to protect a geographical indication if it has become a generic term to describe the product concerned (paragraph 6). Measures implementing these provisions shall not affect earlier trade mark rights acquired in good faith (paragraph 5). . . . .