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Trade-Related
Intellectual Property
Rights
(TRIPS)
This presentation has been prepared by the Secretariat under its own responsibility. It is for general
information only and is not intended to affect the rights and obligations of Members.
World Trade Organization, 2004
With written permission of the WTO Secretariat, reproduction and use of the material contained in this
document for non-commercial educational and training purposes is encouraged.
WTO – Institute for Training and Technical Cooperation,
Centre William Rappard, 154 Rue de Lausanne, 1211 Geneva 21
Tel: (41 22) 739 56 31 , Fax: (41 22) 739 57 81
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Reasons
for the Agreement
Increased role of intellectual property in
trade
Economic interests associated with
intellectual property rights
Great disparity of intellectual property
protection rules
ÆEstablishment of common standards
ÆStronger implementation of standards
ÆDispute settlement
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Historical background
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Numerous bilateral and regional intellectual
property protection agreements
Plurilateral agreements in certain fields
Important role of WIPO (World Intellectual
Property Organization)
1986-1994: Uruguay Round (GATT/WTO)
negotiation of a common framework on
Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement)
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Intellectual property?
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Concept of intellectual creation
Right conferred by creation
Exclusive right to use the creation
Time-limit
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Structure
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Coverage
Common (minimum) standards
Enforcement of rights
Dispute settlement
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Coverage
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A. Copyright and related rights (“neighboring”
rights)
Copyright
Performers’ rights
Rights of phonogram producers
fixation of sound
publication
Broadcasting rights
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Coverage
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B. Industrial property
Protection of distinctive signs
Trademarks
Geographical indications
Other types of intellectual property
Patents
Industrial designs
Layout-designs (topographies) of
integrated circuits
Industrial secrets (protection of
undisclosed information)
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Coverage
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C. Control of anti-competitive practices in
contractual licenses
Measures available to Members to combat
abuses by IPR owners under licenses
granted by them to third parties to produce
or copy protected marks, works, inventions,
designs or models.
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Common standards
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Basic principles
Non-discrimination
Most-favoured-nation principle
National treatment
Principle of technology transfer
Protection for a specific period of time =
Encouragement to develop new
technologies and creations which are
subsequently (after the period of
protection) made available to all
Æ Need to strike a balance between the
interests of the creator/inventor and
those of users 9
Common standards
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Standards
minimum
by “type” of intellectual property right
based on the main WIPO international
agreements pre-dating the WTO
Paris Convention for the Protection of
Industrial Property (patents, industrial
designs etc. …)
Berne Convention for the Protection of
Literary and Artistic Works (copyright)
+ Additional standards not covered in
some cases by these pre-TRIPS
agreements 10
Common standards
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Copyright
Basis: Berne Convention (1971),
administered by WIPO
Automatic protection (no registration or
deposit)
Rights of translation, reproduction,
performance, public recitation,
adaptation, arrangement, alteration,
cinematographic adaptation and
reproduction.
Term of protection: in principle 50 years
after the death of the author
(photographic works and works of applied
art: 25 years minimum)
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Common standards
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Copyright
“Berne plus”
Protection of computer programs
Protection of databases (compilations)
Rental rights
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Common standards
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Copyright
Related (neighboring) rights
Rome Convention (1961)
Right of performers … to prevent
unauthorized fixation / reproduction
Exclusive reproduction rights for
phonogram producers (principle of
equitable remuneration)
Right of broadcasting organizations … to
prohibit acts undertaken without their
authorization (fixation / reproduction) -
NB: Term of protection: 25 years
minimum 13
Common standards
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Trademarks
Paris Convention (1967) administered by
WIPO
Registration necessary (for at least
7 years … renewable)
Distinctive character / sign
Services also protected
Consent by the right holder for use of the
mark
Preventing likelihood of confusion
Increased protection for well known
marks / signs
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Common standards
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Geographical indications
Paris Convention (1967) administered by
WIPO
Registration necessary
Link between geographical origin and the
specific nature of the product
Quality
Reputation
Other characteristic
Legal means of preventing use of an
indication that misleads the public
Stronger protection for wines and spirits
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Common standards
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Industrial designs
Paris Convention (1967) administered by
WIPO
Registration necessary
Term of protection: 10 years minimum
Exclusive rights to the manufacture, sale
and importation of articles bearing or
incorporating a design which is a copy of
a protected design
Special provision for textile designs
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Common standards
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Patents
Paris Convention (1967) administered by
WIPO
Registration necessary (for at least 20
years)
Protection of products and processes
(possibility of exceptions)
Protection of plant varieties under a
special system (formerly UPOV
protection)
Possibility of prohibiting patentability in
order to protect public order or morality
Compulsory licences 17
Common standards
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Layout-designs of integrated circuits
Washington Treaty on Intellectual Property
in Respect of Integrated Circuits - IPIC
Treaty (1989), administered by WIPO
Registration necessary (for at least 10
years)
Exclusive rights of reproduction,
importation, sale and distribution for
commercial purposes of integrated
circuits (and products incorporating such
circuits)
Compulsory licenses for public use
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Common standards
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Business secrets
Paris Convention (1967) administered by
WIPO
Protection against the exploitation of
business secrets without the holder’s
consent “in a manner contrary to honest
commercial practices”
Protection against unfair use in the event
of necessary disclosure (e.g. to authorize
marketing of a medicine)
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Common standards
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Action to combat anti-competitive practices
(contractual licenses)
Licensing practices having adverse effects
on trade and impeding the transfer and
dissemination of technology
Mechanism for consultations and exchange
of (non-confidential) information
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Enforcement of rights
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Principle
Adoption of laws relating to IPR protection
Enforcement of laws
Effectiveness
Expeditious remedies
Procedures creating no barriers to
legitimate trade
Fair and equitable procedures
Decisions on the merits
Possibility of review by a judicial authority
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Enforcement of rights
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Principle
Civil judicial procedures
Provisional measures
Border measures
Criminal procedures
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Dispute settlement
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The WTO dispute settlement system is
applicable with regard to Members’
obligations under TRIPS
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Special and differential
treatment
Deferred implementation
1.1.1996: Developed countries
Non-discrimination applicable to all
1.1.2000: Developing countries and
transition economies
+ 5 years for patents (pharmaceutical or
agricultural chemical products)
“Letter box” principle for patents in
certain fields
1.1.2006: LDCs (possible extension on
request -> negotiations)
No backtracking (1.1.1995)
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“TRIPS and public health”
Declaration
TRIPS Agreement does not prevent
governments from taking measures to
protect public health
IPR protection is important for the
development of new medicines
Recognition of concerns about the effects of
IPR protection on prices (of medicines)
Reaffirmation of Members’ right to use to
the full the provisions in the TRIPS
Agreement relating to flexibility
Compulsory licenses;
National emergencies; ...
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