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. A detailed overview of the ADPIC agreement THE TRIPS agreement … is the most comprehensive multilateral agreement on intellectual property to date… Basic introduction to the DG Intellectual Property Agreement (TRIPS) From the WTO agreement, a written introduction to the WTO for non-specialists. During the Uruguay Round negotiations, it was recognized that the Bern Convention already provided, for the most part, adequate basic standards for copyright protection. That is why it was agreed that the starting point would be the level of protection that existed under the recent Paris Act of 1971. The starting point is Article 9.1, which obliges members to comply with the material provisions of the 1971 Paris Act of the Bern Convention, i.e. Articles 1 to 21 of the Berne Convention (1971) and the Annex. However, members do not have rights or obligations arising from the TRIPS agreement with respect to the rights conferred under Article 6 bis of this Convention, that is, moral rights (the right to claim paternity and to recount any derogatory act relating to a work that would damage the honour or reputation of the author) or the rights that flow from it. The provisions of the Berne Convention concern issues such as the purpose to be protected, the minimum duration of protection and the rights to be transferred, as well as the restrictions allowed on those rights. The annex allows developing countries to limit translation and reproduction rights under certain conditions. Climate Change and the WTO Intellectual Property Agreement (TRIPS) Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and hinder the transfer and dissemination of technology (paragraph 1).
Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4). Review of the terms of application of members Members must inform the TRIPS Council of their relevant laws and regulations. This will help the Council to review the functioning of the agreement. 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.