Trips Agreement In International Trade

Trips Agreement In International Trade


TRIPS is not the first international IP agreement; the Paris Convention (patents), the Madrid system (brands) and the Berne Convention (copyright) have existed since the end of the 19th trip, but can be understood as a fundamental break in many respects. THE TRIPS is much deeper and granular, which places external restrictions at much more dimensions of national IP policy than previous agreements. In addition to defining common commitments on basic principles, as previous international agreements have done, TRIPS contains, in a detailed set of articles, rules and prohibitions specific to national policy.1 Regardless of its title, TRIPS deals with national IP measures, whether or not they are “trade-related” or not. TRIPS are also stronger and more restrictive than previous agreements because the costs of non-compliance are significant. Since the inclusion of TRIPS in the WTO means that it is subject to the WTO`s dispute settlement system, which allows trade sanctions as a sanction against countries considered a violation of its rules, non-compliance with the rules can have painful economic consequences. The definition of comprehensive and binding rules for national IP policy marks a shift from “international” to “global” ip governance (Maskus, 2014); Drahos, 1997) and, importantly, an important step towards comprehensive harmonization of national policies and practices for the creation and protection of intellectual property rights. The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain. The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. The removal of a trademark for non-use cannot take place before the expiry of a three-year period of uninterrupted non-use, unless the trademark holder has good reason to prevent it. Circumstances beyond the control of the trademark holder, such as import restrictions or other state restrictions, are recognized as valid grounds for non-use.

The use of a trademark by another person subject to the control of its owner must be recognized as the use of the trademark for the purpose of maintaining registration (Article 19). As much as the content of TRIPS expanded during the Uruguay Round, so much the changes in the world have surpassed it. The creation of the European Common Market in 1993 changed the political and economic strategies of many European countries and the balance of power within international organisations (or reflecting the changes taking place).

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