Trips Agreement Faq

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] The general objectives of these agreements are that the TRIPS COUNCIL includes all WTO members. It is responsible for monitoring the functioning of the agreement and, in particular, how members fulfil their obligations under this agreement. The actual copyright and patent standards of the TRIPS agreement come largely from other sources. As far as copyright is concerned, the Berne Convention is the source of most OF the TRIPS provisions. The main areas in which TRIPS expands Bernese copyright provisions are the explicit protection of software and databases. Similarly, the Paris Convention provides the source of patent adhesive provisions, to which TRIPS mainly add rules of application. The Berne and Paris Conventions are managed by WIPO. This pressure, which can be bilateral (for example. B under U.S.

Trade Representative Special Procedure 301) or multilateral (smaller competing trade agreements such as the Trans-Pacific Partnership (TPP), has multiplied in recent years due to an effective failure of the WTO negotiations, which halted further progress in their last round of negotiations, the Doha Development Round. A company develops a process of manufacturing its products that allows it to produce its products at a lower cost. Such a process gives the company a competitive advantage over its competitors. The company concerned can therefore value its know-how as a trade secret and does not want its competitors to be informed. It ensures that only a limited number of people know the secret, and those who know it are very well informed that it is confidential. In its dealings with third parties or when licensing its know-how, the company enters into confidentiality agreements to ensure that all parties know that secret information should not be disclosed. The company should also take appropriate measures to keep know-how secret, such as the introduction of access and security controls and the implementation of internal procedures for systematic monitoring and monitoring of trade secrets. Under these conditions, the misappropriation of information by a competitor or a third party would be considered a violation of the company`s business secrets. However, such measures will only be effective if products cannot be “developed backwards” by competitors.

In principle, the 159 member countries of the World Trade Organization are bound by the Membership Agreement (The Agreement on Aspects of Intellectual Property Rights That Affect Trade), which contains a definition of trade secrets. Under this agreement, individuals and corporations have the opportunity to prevent the disclosure, acquired or exploited of trade secrets under their control by others, without their consent, in a manner that runs counter to honest business practices. Since the TRIPS agreement came into force, it has been criticized by developing countries, scientists and non-governmental organizations. While some of this criticism is generally opposed to the WTO, many proponents of trade liberalization also view TRIPS policy as a bad policy. The effects of the concentration of WEALTH of TRIPS (money from people in developing countries for copyright and patent holders in industrialized countries) and the imposition of artificial shortages on citizens of countries that would otherwise have had weaker intellectual property laws are common bases for such criticisms.


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