Trips Agreement Main Features

  • Dicembre 19, 2020

The Trade Related Intellectual Property Rights (ADPIC) is an internationally recognized and managed agreement on intellectual property regulation managed by the World Trade Organization. The agreement was negotiated at the end of Uruguay`s round of the 1994 General Agreement on Tariffs and Trade (GATT), when the United Nations of the United States, with the help of the European Union, Japan and other industrialized countries, lobbied intensively. Articles 3, 4 and 5 contain the basic rules on the treatment of foreigners by nationals and the most advantaged, which are common to all categories of intellectual property covered by the agreement. These obligations relate not only to standards of material protection, but also to issues relating to the availability, acquisition, scope, maintenance and application of intellectual property rights, as well as intellectual property issues that are explicitly mentioned 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 respect to the national treatment obligation, exemptions authorized by WIPO`s existing IP agreements are also permitted under TRIPS. If these exceptions allow for substantial reciprocity, a derogation from the resulting MFN treatment is also permitted (for example. (b) the comparison of copyright protection provisions exceeding the minimum duration provided for by the TRIPS agreement, in accordance with Article 7, paragraph 8, of the Bern Agreement, in accordance with the ON THE TRIPS agreement). Other limited exceptions to the MFN obligation are also provided. > general provisions > > standards > intellectual property rights > > trademarks > .b >.

> > > > > undisclosed information > anti-competitive licences > the application > general obligations > procedures and recourse > interim measures > border measures > criminal proceedings > other provisions > the acquisition and maintenance of > rights > transitional provisions > the protection of existing substances, As in the main existing INTELLECTUAL property agreements; the fundamental obligation of each Member State is to: the treatment of intellectual property protection provided by the agreement to the persons of the other members.