The TRIPS Agreement
The history of international agreements
Agreements on Trade Related aspects of Intellectual
Property rights (TRIPs) came into effect on January 1,1995.
It was a major outcome of the Uruguay Round of multilateral
trade negotiations, which led to the establishment of the
World Trade Organisation (WTO). Developing country members
of the WTO have had to comply with all the provisions of
TRIPS since January 1, 1996. For developing countries, the
transitional arrangements incorporated into TRIPS allow
a gradual phasing-in a period of 5 years till January 1,
2000. Such a phasing-in period is also permitted to former
centrally planned economies, which are now in the process
of transition to the market economy.
Long-standing interest in trans-border coordination
of legislation and enforcement of Intellectual Property
Rights (IPRs), stems from the realisation that patent and
copyright protection restricted within national boundaries,
has little effect in preventing imitation or copying abroad,
unless similar protection is offered by other countries
also. Hence, all international agreements on patents, copyrights,
designs and trademarks have stipulated that each country
should provide at least the same level of IPR protection
to non residents as to residents.
This is referred to as “National treatment”.
Objectives
Enforcement of TRIPs contributes to:
(2) Appropriate measures, if consistent with
the provisions of this agreement, will be needed to prevent:
Impact of TRIPS on developing countries
The main function of the TRIPS agreement was
to improve IPR enforcement in developing countries.
Problem areas
