- TRIPS was created from WIPO failure which can't handle the IPR problems.
- Another factor ,global trade condition becomes more complex and ignoring about barrier in each country arround the world
- TRIPS was born in Uruguay turn (GATT) , and U.S became the first country that suggest TRIPS to anticipate WIPO failure
WIPO failure :
- WIPO is an organization where members are limited [not much], so that the WIPO provisions can not be enforced against non-members of WIPO.
- WIPO does not have a mechanism to resolve and punish any violation of IPR
- WIPO is no longer able to adapt to changes in the structure of international trade and technological change in the level of invasion.
TRIPS aim :
- Increased protection of IPR of products traded
- Ensure the implementation of the IPR procedures that do not impede trade
- Formulate the rules and discipline of the implementation of the protection of IPR
- Develop the principles, rules and mechanisms for international cooperation to deal with trafficking counterfeit goods or piracy results on IPR
TRIPS principles :
- Free to determine : giving freedom to the members to determine ways that are considered appropriate to implement the provisions contained in TRIPS.
- Intellectual Property Convention : requires its members to adjust legislation with international IPR conventions.
- National Treatment : providing equal treatment in relation to IPR protection among granted to its own citizens with that given to other citizens.
- Most-Favored-Nation-Treatment : Expediency, favor, privilege or immunity granted by a member state to the citizens of other countries should also be given to the citizens of other member states.
- Exhaustion : requires of its members, to resolve disputes, not to use a provision was in the TRIPs Agreement as an excuse not optimal setting of Intellectual Property Rights in their country.
Kinds of IPR :
- Copyright and Related Rights
- is the right that creators have to stop others from copying their creative works without their permission.
- Industrial Property Rights :
- Patent
- A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions.
- Trademark
- Trademarks are distinctive signs, used to differentiate between identical or similar goods and services offered by different producers or services providers. Trademarks are a type of industrial property, protected by intellectual property rights.
- Geographical Indication
- a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that origin.
- Industrial Design
- An industrial design is the ornamental or aesthetic aspect of an article.
- The design may consist of three-dimensional features, such as the shape or surface of an article, or of twodimensional features, such as patterns, lines or color.
- Layout Design of Integrated Circuit
- Protection of the creation of the layout-design; the exclusive right of the right-holder extends also to articles incorporating integrated circuits in which a protected layout-design is incorporated, in so far as it continues to contain an unlawfully reproduced layout-design; the circumstances in which layout-designs may be used without the consent of right-holders are more restricted; certain acts engaged in unknowingly will not constitute infringement.
- Trade Secret
- A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information that:
- Is not generally known to the public;
- confers some sort of economic benefit on its holder (where this benefit must derive specifically from its not being publically known, not just from the value of the information itself);
- is the subject of reasonable efforts to maintain its secrecy.
- Plant Variety
- Recognition of a cultivated plant (a cultivar) as a "variety" in this particular sense provides its breeder with some legal protection, so-called plant breeders' rights, depending to some extent on the internal legislation of the UPOV signatory countries, such as the Plant Variety Protection Act in the US.
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