|Agreement on Trade-Related Aspects of Intellectual Property Rights|
WTO members (where the TRIPS agreement applies)
Parties to the Agreement where also the membership of the European Union applies
|Type||Annex to the Agreement establishing the World Trade Organization|
|Effective||1 January 1996|
|Parties||158 (All WTO members)|
|Languages||English, French and Spanish|
|Agreement on Trade-Related Aspects of Intellectual Property Rights at Wikisource|
Background and history
TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. Its inclusion was the culmination of a program of intenselobbying by the United States, supported by the European Union, Japan and other developed nations. Campaigns of unilateral economic encouragement under the Generalized System of Preferences and coercion under Section 301 of the Trade Act played an important role in defeating competing policy positions that were favored by developing countries, most notably Korea and Brazil, but also including Thailand, India and Caribbean Basin states. In turn, the United States strategy of linking trade policy to intellectual property standards can be traced back to the entrepreneurship of senior management at Pfizer in the early 1980s, who mobilized corporations in the United States and made maximizing intellectual property privileges the number one priority of trade policy in the United States (Braithwaite and Drahos, 2000, Chapter 7).
The requirements of TRIPS
- Copyright terms must extend at least 20 years, unless based on the life of the author. (Art. 12 and 14)[not in citation given]
- Copyright must be granted automatically, and not based upon any "formality," such as registrations, as specified in the Berne Convention. (Art. 9)
- Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection.
- National exceptions to copyright (such as "fair use" in the United States) are constrained by the Berne three-step test
- Patents must be granted for "inventions" in all "fields of technology" provided they meet all other patentability requirements (although exceptions for certain public interests are allowed (Art. 27.2 and 27.3) and must be enforceable for at least 20 years (Art 33).
- Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work (Art. 13) and normal exploitation of the patent (Art 30) is not in conflict.
- No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed.
- Legitimate interests of third parties have to be taken into account by patent rights (Art 30).
- In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle of national treatment (with certain limited exceptions, Art. 3 and 5). TRIPS also has a most favored nation clause.
Software and business method patents
Implementation in developing countries
|The neutrality of this article is disputed. Relevant discussion may be found on the talk page. Please do not remove this message until the dispute is resolved. (May 2011)|
- The creation of anti-circumvention laws to protect Digital Rights Management systems. This was achieved through the 1996 World Intellectual Property Organization Copyright Treaty (WIPO Treaty) and the WIPO Performances and Phonograms Treaty.
- More stringent restrictions on compulsory licenses for patents.
- More aggressive patent enforcement. This effort has been observed more broadly in proposals for WIPO and European Union rules on intellectual property enforcement. The 2001 EU Copyright Directive was to implement the 1996 WIPO Copyright Treaty.
- The campaign for the creation of a WIPO Broadcasting Treaty that would give broadcasters (and possibly webcasters) exclusive rights over the copies of works they have distributed.
- 2005 Panel Report:
- 2000 Panel Report: Part 2 and 2000 Appellate Body Report
- Canada - Term of Patent Protection.
- 2000 Panel Report, Part 1: and Part 2
- 2000 Panel Report:
- Canada - Patent Protection of Pharmaceutical Products.
- 2001 Panel Report: and 2002 Appellate Body Report
- United States - Section 211 Omnibus Appropriations Act of 1998.
- 1998 Panel Report:
- India - Patent Protection for Pharmaceutical and Agricultural Chemical Products.
- 1998 Panel Report:
- Indonesia - Certain Measures Affecting the Automobile Industry.
Related treaties and laws
- Anti-Counterfeiting Trade Agreement (ACTA)
- EU Directive on the enforcement of intellectual property rights (IPRED)
- Patent Law Treaty (PLT)
- Substantive Patent Law Treaty (SPLT)
- Uruguay Round Agreement Act of the United States (URAA)
- Jump up^ "WTO TRIPS implementation". International Intellectual Property Alliance. Retrieved22 May 2012.
- Jump up^ See TRIPS Art. 1(3).
- Jump up^ Farah, Paolo Davide & Cima, Elena (2010) 'SSRN.com China’s Participation in the World Trade Organization: Trade in Goods, Services, Intellectual Property Rights and Transparency Issues" in Aurelio Lopez-Tarruella Martinez (ed.), El comercio con China. Oportunidades empresariales, incertidumbres jurídicas, Tirant lo Blanch, Valencia (Spain) 2010, pp. 85–121. ISBN 978-84-8456-981-7.
- Jump up^ "intellectual property (TRIPS) - agreement text - standards". WTO. 1994-04-15. Retrieved 2012-04-16.
- Jump up^ World Trade Organization, "Part II — Standards concerning the availability, scope and use of Intellectual Property Rights; Sections 5 and 6", Agreement on Trade-Related Aspects of Intellectual Property Rights
- Jump up^ World Trade Organization, "Part I — General Provisions and Basic Principles",Agreement on Trade-Related Aspects of Intellectual Property Rights
- Jump up^ cf. Timmermann, Cristian, and Henk van den Belt. 2013. Intellectual property and global health: from corporate social responsibility to the access to knowledge movement. Liverpool Law Review 34 (1):47-73. also available at http://edepot.wur.nl/252885
- Jump up^ World Trade Organization (1 September 2003), Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health
- Jump up^ World Trade Organisation, IP - http://www.wto.org/english/tratop_e/trips_e/tripfq_e.htm
- Jump up^ IP Justice policy paper for the WIPO development agenda, IP Justice
- Jump up^ Trade and Health. McGill-Queen's University Press. 2007. p. 33.
|last1=in Authors list (help)
- Jump up^ Musungu, Sisule F.; Oh, Cecilia (August 2005), The use of flexibilities in TRIPS by developing countries: can they promote access to medicines?, Commission on Intellectual Property Rights, Innovation and Public Health (CIPIH)
- Jump up^ Finger, J. Michael (2000). "The WTO's special burden on less developed countries"(PDF). Cato Journal 19 (3).
- Jump up^ Banerjee and Nayak, Effects of Trade Related Intellectual Property Rights on the R&D Expenditure of Indian Pharmaceutical Industry,2014 'Journal of Pharmaceutical Health Services Research.
- Jump up^http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780195390124.001.0001/acprof-9780195390124-chapter-8
- Jump up^ World Trade Organization (2005). "Annual Report 2005".
- Jump up^ "2005 News items - Panel reports out on geographical indications disputes". WTO. 2005-03-15. Retrieved 2012-04-16.
- Jump up^ http://www.wto.org/english/tratop_e/dispu_e/1391da.pdf
- Jump up^ http://www.wto.org/english/tratop_e/dispu_e/1391db.pdf
- Jump up^ http://www.wto.org/english/tratop_e/dispu_e/170abr_e.pdf
- Jump up^ http://www.wto.org/english/news_e/news00_e/1234da.pdf
- Jump up^ http://www.wto.org/english/news_e/news00_e/1234db.pdf
- Jump up^ http://www.worldtradelaw.net/reports/wtopanelsfull/canada-pharmaceuticals(panel)(full).pdf
- Jump up^ http://www.wto.org/english/tratop_e/dispu_e/176r_e.pdf
- Jump up^ http://www.wto.org/english/tratop_e/dispu_e/176abr_e.pdf
- Jump up^ http://www.worldtradelaw.net/reports/wtopanelsfull/india-patents(panel)(ec)(full).pdf
- Jump up^ http://www.worldtradelaw.net/reports/wtopanelsfull/indonesia-autos(panel)(full).pdf
- Jump up^ Drahos with Braithwaite, Information Feudalism, New Press 2002, p38
- Jump up^ Archibugi, D. and Filippetti, A. (2010) 'The globalization of intellectual property rights: Four learned lessons and four thesis', Journal of Global Policy, 1: 137-49.
- Jump up^ Henry, C. and Stiglitz, J. (2010) 'Intellectual Property, Dissemination of Innovation and Sustainable Development', Journal of Global Policy, 1: 237-51.
- Braithwaite and Drahos, Global Business Regulation, Cambridge University Press, 2000
- Westkamp, 'TRIPS Principles, Reciprocity and the Creation of Sui-Generis-Type Intellectual Property Rights for New Forms of Technology'  6(6) The Journal of World Intellectual Property 827-859, ISSN: 1422-2213
- Banerjee and Nayak, 'Effects of trade related intellectual property rights on the research and development expenditure of Indian pharmaceutical industry'  5 Journal of Pharmaceutical Health Services Research 89-94.
- TRIPS agreement (PDF version)
- Agreement on Trade-Related Aspects of Intellectual Property Rights (html version)
- World Trade Organization links
- Audio presentation by Professor Susan Sell, George Washington University, on intellectual property rights in the global context.
- WTO TRIPS Agreement profile on database of Market Governance Mechanisms