About: Agreement on Trade-related Aspects of Intellectual Property Rights   Sponge Permalink

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There was no single international source for intellectual property obligations and norms until the 1994 Uruguay Round of the General Agreement on Tariffs and Trade (GATT), which created the World Trade Organization (WTO) and included the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The significance of the TRIPS Agreement is three-fold: While previous international agreements on intellectual property rights continue to exist, the TRIPS Agreement was the first time that intellectual property rules were incorporated into the multilateral trading system.

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  • Agreement on Trade-related Aspects of Intellectual Property Rights
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  • There was no single international source for intellectual property obligations and norms until the 1994 Uruguay Round of the General Agreement on Tariffs and Trade (GATT), which created the World Trade Organization (WTO) and included the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The significance of the TRIPS Agreement is three-fold: While previous international agreements on intellectual property rights continue to exist, the TRIPS Agreement was the first time that intellectual property rules were incorporated into the multilateral trading system.
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  • There was no single international source for intellectual property obligations and norms until the 1994 Uruguay Round of the General Agreement on Tariffs and Trade (GATT), which created the World Trade Organization (WTO) and included the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS requires all WTO Members to provide minimum standards of protection for a wide range of Intellectual-property rights including copyright, patents, trademarks, industrial designs, geographical indications, semiconductor topographies and undisclosed information. In doing so, TRIPS incorporates provisions from many existing IP international agreements such as the Paris and Berne Conventions administered by the World Intellectual Property Organisation (WIPO). TRIPS however also introduces a number of new obligations, particularly in relation to geographical indications, patents, trade secrets, and measures governing how IP rights should be enforced. The significance of the TRIPS Agreement is three-fold: (1) It is the first single, truly international agreement that establishes minimum standards of protection for several forms of intellectual property rights (IPR); (2) It is the first international intellectual property agreement that mandates detailed civil, criminal, and border enforcement provisions; and (3) It is the first international intellectual property agreement that is subject to binding, enforceable dispute settlement. The United States, the European countries, and the IPR business community were instrumental in including IPR on the Uruguay Round agenda. Many developing countries were wary of including IPR in trade negotiations, preferring to discuss them under the World Intellectual Property Organization (WIPO) instead. However, developing countries acceded, after being granted delayed compliance periods, and after achieving negotiating goals on other issues such as textiles and clothing, and savoring the prospect of operating under a rules-based trading system. While previous international agreements on intellectual property rights continue to exist, the TRIPS Agreement was the first time that intellectual property rules were incorporated into the multilateral trading system. Two basic tenets of the TRIPS Agreement are national treatment (signatories must treat parties of other WTO members no less favorably in terms of IPR protection than the party’s own nationals) and most-favored-nation treatment (any advantage in IPR protection granted to the party of another WTO member shall be granted to nationals of all other WTO member states). Because the TRIPS Agreement is over decade old, however, it does not address several new developments, such as the Internet and digital copyright issues, advanced biotechnology, and international harmonization (the process of creating uniform global standards of laws or practice).
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