Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) emerged from the Uruguay Round negotiations as one of the three pillars of the WTO. It provides
Copyright and related rights
Trademarks, including service marks
Geographical indications
Industrial designs
Patents
Layout-designs (topographies) of integrated circuits Undisclosed information, including trade secrets
This seminar explores the nature and scope of the TRIPS Agreement. TRIPS material on the WTO website is available at: http://www.wto.org/english/tratop_e/trips_e/trips_e.htm
Before the WTO was created the following main international agreements of the World Intellectual
minimum
standards of protection of intellectual property (IP) rights in all WTO members covering the following
types of IP:
Property Organization (WIPO) already existed:
the Paris Convention for the Protection of Industrial Property (protecting patents, industrial designs, etc)
the Berne Convention for the Protection of Literary and Artistic Works (protecting copyright). Transitional arrangements under TRIPS Agreement (Articles 65 and 66 GATS): One year, 5 years
or more
While the WTO agreements entered into force on 1 January 1995, the TRIPS Agreement allowed WTO members certain transition periods before they were obliged to apply all of its provisions.
Developed country members were given one year to ensure that their laws and practices
conform to the TRIPS Agreement.
Developing country members and (under certain conditions) transition economies were given five years, until 2000.
Least-developed countries on the United Nations list initially had 11 years, until 2006. It has been extended three times, and is now set to run until 1 July 2034, or until a member ceases to be an LDC, whichever comes first.
The exemptions are r otherwise applicable obligations to accept the filing of patent applications and to grant exclusive marketing rights during the transition period – Articles 70.8 and 70.9 TRIPS.
elevant to pharmaceutical and agricultural chemical inventions, and the
1
Recommended Reading
Agreement on Trade-Related Aspects of Intellectual Property Rights,
http://www.wto.org/english/docs_e/legal_e/27-trips.pdf
WTO, TRIPS: A More Detailed Overview of the TRIPS Agreement, https://www.wto.org/english/tratop_e/trips_e/intel2c_e.htm
WTO and the TRIPS Agreement, www.wipo.int › wipo_smes_ge_2_06_www_63216
Van den Bossche, P., The Law and Policy of the WTO: Text, Cases and Materials (Cambridge University Press, 4th edn, 2017) chapter 15.
Lester, S., Mercurio, B., and Davies A., World Trade Law: Text, Materials and Commentary (Hart Publishing, 3rd edn, 2018), chapter 17.
Matusushita, M., et. al., The World Trade Organisation (Oxford University Press, 3rd edn., 2015) chapter 17.
Further Reading
Trebilcock M., Howse R., and Eliason A., The Regulation of International Trade (Routledge, 4th edn, 2012) chapter 13.
Carlos Maria Correa, Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement, (OUP, 2nd edn., 2020).
WTO Appellate Body Reports:
U.S. – Section 211 (“Havana Club”), WT/DS/176/AB/2 (2 January 2002),
http://www.worldtradelaw.net/reports/wtoab/us-section211(ab).pdf
Canada – Term of Patent Protection, WT/DS170/AB/R (18 September 2000), http://www.worldtradelaw.net/reports/wtoab/canada-patentterm(ab).pdf
India – Patent Protection for Pharmaceutical and Agricultural Chemical Products (US), WT/DS50/AB/R (19 December 1997), http://www.worldtradelaw.net/reports/wtoab/india-patents(ab).pdf
Daniel Gervais, The TRIPS Agreement: Drafting History and Analysis (Sweet & Maxwell, 3rd edn, 2008).
Nuno Pires de Carvalho, The TRIPS Regime of Trademarks and Designs (Kluwer Law International, 2006).
UNCTAD-ICTSD, Resource Book on TRIPS and Development (Cambridge University Press, 2005). 2
Intellectual property: protection and enforcement,
https://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm
WTO, TRIPS, the intellectual property system and COVID-19,
https://www.wto.org/english/tratop_e/trips_e/trips_and_covid19_e.htm
C.M. Correa, Intellectual Property Rights, the WTO and Developing Countries: The TRIPS Agreement and Policy Options (Zed Books, 2000).
Several Articles on the TRIPS Agreement in the Journal of International Economic Law (1998) vol. 1(4), available at: http://jiel.oxfordjournals.org/content/vol1/issue4/index.dtl
Seminar Questions
1. (a) What are intellectual property rights? https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm
(b) Explain the meaning of the following: (i) Copyright (ii) Trademarks (iii) Geographical indications (iv) Industrial design (v) Patents (v) Layout designs of integrated circuits (vi)Undisclosed information (vii) Anti-competitive practices in licensing
(c) Examine the justifications for intellectual property protection?
(d) Does the TRIPS Agreement apply to all the WTO members?
(e)What are the main differences between the TRIPS Agreement and all other agreements in the Uruguay Round?
2. Why have the developing States generally not invoked the exception in Article 31 of the TRIPS Agreement?
3. The WTO‟s 2002 Annual Report (at page 2) acknowledged that „certain adjustments to the [WTO] rules [are] needed if the trading system is to better reflect the social, economic, and political conditions of a rapidly changing world‟. Examine the adjustments made to the TRIPS Agreement. Are these adequate or are further adjustments still necessary?
4. How can the WTO contribute to a
https://www.wto.org/english/tratop_e/covid19_e/covid19_e.htm
5. How have WTO members used trade measures to expedite access to covid-19 critical medical goods and services?
https://www.wto.org/english/tratop_e/covid19_e/services_report_16092020_e.pdf
Post-seminar activity
Read the following Report of the WTO Appellate Body: India – Patent Protection for Pharmaceutical and Agricultural Chemical Products (US), WT/DS50/AB/R (19 December 1997), http://www.worldtradelaw.net/reports/wtoab/india-patents(ab).pdf
Prepare a case note (no longer than 600 words) setting out the following:
(i) Summary of facts
(ii) Dispute between parties (measure or product at issue)
(iii) Summary of legal arguments
(iv) Panel/Appellate Body findings
(v) Your comments – Did the Appellate Body correctly interpret
