Three Main Features of Trips Agreement
The WTO is a forum for further negotiations aimed at strengthening commitments in the field of intellectual property, as well as in other areas covered by the WTO Agreements. Negotiations in all areas were suspended in July 2006 but resumed in January 2007. Consultations on geographical indications and the Convention on Biological Diversity took place in 2007, but no real progress has been made. In July 2008, the European Community, Switzerland and most developing countries (about 110 in total) called for a decision to formally open negotiations on outstanding implementation issues relating to geographical indications and the relationship between the TRIPS Agreement and the Convention on Biological Diversity. Differences of opinion among MEPs on how to deal with TRIPS-related issues are mainly due to differences of opinion on the nature of the Doha mandate. The ninth session of the WTO Ministerial Conference will take place in 2013. Article 14(2) requires members to grant producers of phonograms an exclusive right of reproduction. In addition, in accordance with Article 14(4), they must grant at least producers of phonograms an exclusive rental right. The provisions on rental rights shall also apply to all other holders of phonogram rights, as provided for in national law. This right has the same scope as the right to rent computer programs. It is therefore not subject to the depreciation test as in the case of cinematographic works. However, it is limited by a so-called grandfather clause, according to which a member born on 15 April 1994, that is to say, on the date of signature of the Marrakesh Agreement, a system of equitable remuneration of rightholders for the rental of phonograms may maintain such a system, provided that the commercial rental of phonograms does not result in a significant infringement of the exclusive reproduction rights of rightholders.
In addition, the agreement provides for certain basic principles, such as national and most-favoured-nation treatment (non-discrimination), as well as certain general rules to ensure that procedural difficulties related to the acquisition or maintenance of intellectual property rights do not nullify the substantial benefits that should result from the agreement. Article 35 of the TRIPS Agreement requires Member States to protect the design patterns of integrated circuits in accordance with the provisions of the IPIC (Intellectual Property Contract for Integrated Circuits) Treaty, which was negotiated in 1989 under the auspices of WIPO. These provisions concern, inter alia, definitions of integrated circuits and design of development (topography), protection requirements, exclusive rights and restrictions, as well as exploitation, registration and disclosure. An integrated circuit is a product in its final or intermediate form in which the elements, of which at least one is an active element, and all or part of the compounds are formed entirely in and/or on a piece of material and which is intended to perform an electronic function. A schematic design (topography) is defined as the three-dimensional arrangement, regardless of its shape, of the elements, at least one of which is an active element, and of all or part of the connections of an integrated circuit or such a three-dimensional arrangement prepared for an integrated circuit intended for manufacture. The obligation to protect designs applies to designs that are original in the sense that they are the result of the intellectual effort of their creators and are not common among designers of layouts and manufacturers of integrated circuits at the time of their creation. Exclusive rights include the right of reproduction and the right to import, sell and other distributions for commercial purposes. There are some restrictions on these rights. Article 40 of the TRIPS Agreement recognizes that certain anti-competitive practices or conditions for licensing intellectual property rights have negative effects on trade and may impede the transfer and dissemination of technology (paragraph 1).
Member States may, in accordance with the other provisions of the Agreement, take appropriate measures to prevent or control abusive and anti-competitive licensing practices of intellectual property rights (paragraph 2). The Agreement provides for a mechanism whereby a country wishing to take action against practices involving companies of another Member State may enter into consultations with that other Member State and exchange publicly available non-confidential information on the matter in question and other information at its disposal, subject to national law and conclusion. mutually satisfactory agreements on the preservation of its confidentiality at the request of the Member (paragraph 3). Similarly, a country whose companies are subject to such measures in another Member State may enter into consultations with that Member (paragraph 4). Application: The second major set of provisions deals with national procedures and remedies for the enforcement of intellectual property rights. The agreement sets out certain general principles that apply to all procedures for the enforcement of intellectual property rights. The TRIPS Agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property. In 2001, developing countries, concerned that developed countries were insisting on too narrow an 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 states, for example, that the TRIPS Agreement can and should be interpreted in light of the objective of “promoting access to medicines for all”. • How should the fundamental principles of the trading system and other international intellectual property agreements be applied• How can intellectual property rights be adequately protected? How should countries adequately enforce these rights on their own territory? • special transitional provisions during the period of introduction of the new system. The TRIPS Council will conduct a general review of the Agreement after five years; however, it also has the power to review it at any time in the light of relevant new developments that may warrant modification and addition (Article 71).
In accordance with Article 4(d), a Member may exempt from the most-favoured-nation obligation any advantage, advantage, privilege or immunity of that Member resulting from international agreements on 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 TRIPS Council and that there is no arbitrary or unjustified discrimination against nationals of other countries. represent. member.. .
