TRIPS Agreement

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international treaty administered by the World Trade Organization (WTO). It establishes a legal framework aimed at harmonizing the protection and enforcement of intellectual property rights on a global scale.

Definition

Adopted in 1994 as part of the Uruguay Round negotiations, the TRIPS Agreement sets minimum standards for the protection and enforcement of intellectual property rights among WTO member states. It covers patents, trademarks, industrial designs, copyrights, geographical indications, and trade secrets. This agreement is the first international instrument that integrates intellectual property into the multilateral trade system.

Effects

The Agreement requires member states to adopt protection equivalent to or higher than that provided by treaties administered by the World Intellectual Property Organization (WIPO), such as the Paris Convention and the Berne Convention. It also establishes dispute settlement mechanisms, allowing member states to challenge violations before the WTO Dispute Settlement Body.

Example

The TRIPS Agreement has led to the harmonization of national patent laws, particularly in the pharmaceutical sector, requiring many countries to grant patent protection for innovative drugs. This has sparked debates on access to generic medicines and public health concerns.

Note

The Agreement includes specific provisions for developing countries and Least Developed Countries (LDCs), granting them extended transition periods to implement certain obligations, particularly in relation to pharmaceutical patents.