The second part of the ON TRIPS agreement deals with different types of intellectual property rights and their protection. The aim is to ensure that minimum standards of protection are organised in all WTO members. The starting point is the commitment of the main international agreements of the World Intellectual Property Organization (WIPO), which existed before the creation of the WTO: in addition to the basic intellectual property standards established by the TRIPS agreement, many nations have engaged in bilateral agreements to adopt a higher level of protection. This collection of standards, known as TRIPS or TRIPS-Plus, can take many forms. [20] Among the general objectives of these agreements are: the TRIPS agreement is the only international agreement that details respect for intellectual property rights, including provisions relating to evidence retention, interim measures, interim measures, damages and other sanctions. It states that courts must, under certain conditions, have the right to order the disposal or destruction of property that violates intellectual property rights. Intentional infringement or commercial-scale copyright piracy must be punishable. Governments must also ensure that IP rights holders are provided with assistance from customs authorities to prevent the importation of counterfeit and illegally manufactured goods. Trips-plus conditions, which impose standards beyond TRIPS, have also been verified. [38] These free trade agreements contain conditions that limit the ability of governments to introduce competition for generic drug manufacturers. In particular, the United States has been criticized for promoting protection far beyond the standards prescribed by the TRIPS.

The U.S. free trade agreements with Australia, Morocco and Bahrain have expanded patentability by making patents available for new uses of known products. [39] The TRIPS agreement authorizes the granting of compulsory licences at the discretion of a country. The terms of trips plus in the U.S. Free Trade Agreement with Australia, Jordan, Singapore and Vietnam have limited the application of mandatory licences to emergencies, remedies for cartels and abuse of dominance, and cases of non-commercial public use. [39] It is essential that TRIPS also represent a significant improvement over previous agreements on the application of iM legislation, as it has considerable capacity to control, control and resolve disputes (Matthews, 2002: 79-95). An TRIPS Council – which brings together all WTO members – examines national legislation and the implementation of the agreement. In the event of serious litigation, any member may ultimately refer a case to the WTO`s dispute resolution body, which has the power to impose criminal trade sanctions to ensure compliance. The success stories initiated by Ecuador and Brazil show that the dispute settlement mechanism works for both developed and developing countries (PMI, 2010).

TRIPS are therefore seen by its proponents as a global system of applicable intellectual property protection, which plays an essential role in the modern global information society. By scratching and encouraging innovation, it facilitates international trade, promotes economic growth and enables technological progress and the dissemination of knowledge, ultimately benefiting producers as well as users throughout the industry and development world. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. The legitimacy and effectiveness of the TRIPS agreement are clearly vulnerable to much criticism, particularly in developing countries. It should be noted that even the great defenders of free trade, such as Martin Wolf (2005: 217), criticize the “hypocrisy” of TRIPS


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