TRIPS Agreement

TRIPS Agreement
Annex 1C to the Agreement establishing the World Trade Organization
Agreement on Trade-Related Aspects of Intellectual Property Rights
  WTO members (where the TRIPS agreement applies)
  WTO and European Union members
  WTO observers
TypeAnnex to the Agreement establishing the World Trade Organization
Signed15 April 1994[1]
LocationMarrakesh, Morocco[1]
Effective1 January 1995[2]
Parties164 (All WTO members)[3]
LanguagesEnglish, French and Spanish
Full text
Agreement on Trade-Related Aspects of Intellectual Property Rights at Wikisource

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations.[4] TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[5] and is administered by the WTO.

The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. 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. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all."

Specifically, TRIPS requires WTO members to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers and broadcasting organisations; geographical indications; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Protection and enforcement of all intellectual property rights shall meet the objectives to contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

  1. ^ a b "TRIPS Agreement (as amended on 23 January 2017)". World Trade Organization. Archived from the original on 18 October 2020. Retrieved 12 February 2021.
  2. ^ "WTO – intellectual property – overview of TRIPS Agreement". World Trade Organization. Archived from the original on 25 February 2019. Retrieved 8 March 2019.
  3. ^ "WTO TRIPS implementation". International Intellectual Property Alliance. Archived from the original on 1 June 2012. Retrieved 22 May 2012.
  4. ^ See TRIPS Art. 1(3).
  5. ^ Gervais, Daniel (2012). The TRIPS Agreement: Negotiating History. London: Sweet & Maxwell. pp. Part I.

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