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April 8, 2021

Agreement On Trade-Related Aspects Of Intellectual Property (Trips)

Filed under: Uncategorized — Mark Baker @ 12:10 am

Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. What are intellectual property rights? Intellectual property rights are the rights given to men by creating their minds. Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4). TRIPS has imposed the dominant system of intellectual property on the world in the United States and Europe, as humans are today.

I believe that the development of the IP system is not good for the United States and the EU; but I believe even more that it is not in the interest of developing countries. Article 10 of the agreement states that “1. Computer programs, whether in the source code or in the object code, must be protected as literary works under the Berne Convention (1971). (2) The compilation of data or any other material, whether machine-readable or in any other form, constituting spiritual creations because of the choice or disposition of their content, must be protected as such.

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