Role Of Trips Agreement

General transitional periods apply to the original members of the WTO, i.e. governments that were members on 1 January 1995. Since the creation of the WTO, a number of countries have joined. These countries have generally agreed in their accession agreements (their accession protocols) to implement the TRIPS agreement from the date of their formal WTO membership, without a transition period being implemented. The standard line of support for TRIPS stems from the recognition of the current importance of the knowledge and private intellectual property (IP) economy as an important element of international trade (WTO, 2008: 39). Differences of opinion on the protection of intellectual defences and the lack of intellectual property protection are significant non-tariff barriers to trade, and TRIPS are the result of a strong multilateral framework that replaces an ineffective patchwork of IPR agreements[i] (Matthews, 2002: 10-12). That is why, for the first time, the TRIPS agreement introduced a minimum global standard for intellectual property protection, to which all WTO members must comply. These include copyright, trademarks, industrial designs, geographical indications, patents, integrated circuit designs, trade secrets and restrictions on anti-competitive contracts. Like other WTO agreements, it applies the fundamental principles of non-discrimination – the treatment of the most favoured nation (no discrimination between trading partners) and domestic treatment (foreigners in the domestic territory are treated the same as their own nationals – It is said that various broader benefits to society stem from the introduction of temporary monopolies and other restrictions arising from private intellectual property rights (WTO) , 2008) : 39; CIPR, 2002: 14-18). The introduction of legal protection – the fight against piracy and counterfeiting – promotes the disclosure of new knowledge and creativity, and the considerable costs associated with the creative process (.

B for example, research and development) can be recovered and deserved. Innovation is thus both rewarded and encouraged. The scale and reliability of a global IPR regime should not only promote innovation at home, but also the security offered to patent holders in the developed world and others, also promote foreign direct investment, technology transfers and licensing, and the dissemination of knowledge in developing countries (Matthews, 2002: 108-111). TRIPS is therefore able to play an important role in promoting overall trade and economic development. In addition to the basic intellectual property standards set out in the TRIPS agreement, many nations have committed to bilateral agreements to adopt a higher level of protection. This collection of standards, known as TRIPS or TRIPS-Plus, can take many forms. [20] One of the general objectives of these agreements is that the agreement also recognises the different position of Member States with regard to their relative economic status, administrative capacity and technological base. As in other WTO agreements, developing countries have received special and differentiated treatment, in accordance with Part VI of the agreement, under “transitional arrangements”. While developed countries had to ensure compliance until 1 January 1996, developing and post-communist countries themselves gave themselves four more years to achieve this (with an additional five years for new patented products).