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Agreement on Trade-Related Aspects of Intellectual Property Rights

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The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) is an international agreement administered by the World Trade Organization (WTO). It sets down minimum standards for intellectual property (IP) regulation. It was negotiated in 1994 during the General Agreement on Tariffs and Trade (GATT) talks in Uruguay.

Summary

TRIPs specifies a number of requirements that countries must provide for in their laws:

  • copyright rights, including the rights of performers, producers of sound recordings and broadcasting organizations
  • geographical indications, including appellations of origin
  • industrial designs
  • integrated circuit layout-designs
  • patents
  • monopolies for the developers of new plant varieties
  • trademarks
  • trade dress
  • undisclosed or confidential information.

It also specifies a number of requirements relating to enforcement procedures, remedies, and dispute resolution procedures. Specifically, member countries must ensure that they have measures that contribute to:

  • the promotion of technological innovation
  • the transfer and dissemination of technology
  • to the mutual advantage of producers and users of technological knowledge
  • in a manner conducive to social and economic welfare
  • to a balance of rights and obligations.

Doha Declaration

The TRIPs agreement introduced IP law into the international trading system for the first time. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPs, initiated a round of talks that resulted in the Doha Declaration, a WTO statement that clarifies the scope of TRIPs.

TRIPs requirements

Many of the TRIPs provisions on copyright were imported from the Berne Convention for the Protection of Literary and Artistic Works and many of its trademark and patent provisions were imported from the Paris Convention for the Protection of Industrial Property:

Copyright

  • Copyright terms must extend to 50 years after the death of the author, although films and photographs are only required to have fixed 50 and to be at least 25 year terms, respectively (Articles 7(2), (4))
  • Copyright must be granted automatically and not be based upon any "formality", e.g. registrations or systems of renewal
  • Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection as other literary works
  • National exceptions to copyright (such as "fair use") are constrained by the Berne three-step test

Patent

  • Patents must be granted in all "fields of technology," although exceptions for certain public interests are allowed (Articles 27.2 and 27.3 [1]) and must be enforceable for at least 20 years (Article 33)
  • Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work (Article 13) and normal exploitation of the patent (Article 30) is not in conflict
  • No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed.
  • Legitimate interests of third parties have to be taken into account by patent rights (Article 30)

In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPs signatories by the principles of national treatment (with certain limited exceptions, Articles 3 and 5 [2]). TRIPs also has a most favored nation clause.

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