Basic Features Of Trips Agreement

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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. (d) arising from international agreements for the protection of intellectual property which entered into force before the entry into force of the WTO Agreement, provided that such agreements are notified to the Ad Hoc Council and do not constitute arbitrary or unjustifiable discrimination against nationals of other Members. The TRIPS Agreement introduced intellectual property rights into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned about the industrialized countries` insistence on an overly narrow interpretation of TRIPS, launched a round table that resulted in the Doha Declaration. The Doha Declaration is a WTO declaration that clarifies the scope of TRIPS and, for example, states that TRIPS can and should be interpreted with the aim of “promoting access to medicines for all”. In addition to the requirement to comply with the basic standards of the Berne Agreement, the TRIPS Agreement clarifies and supplements certain specific points. The 2002 Doha Declaration reaffirmed that the TRIPS Agreement should not prevent members from taking the necessary measures to protect public health. The starting point is laid down in Article 9(1), which obliges members to comply with the substantive provisions of the 1971 Paris Act of the Berne Convention, namely Articles 1 to 21 of the Berne Convention (1971) and its Annex. However, Members have no rights or obligations under the TRIPS Agreement with respect to the rights conferred under Article 6 bis bis of this Convention, i.e.

personal copyright (the right to claim authorship and against any derogatory act concerning a work that would damage the honour or reputation of the author) or the rights derived therefrom. .