Trips Agreement Example

13 Nisan 2021

However, the TRIPS agreement is based on a certain notion of intellectual property as an idea, and internationalizing it can be problematic. It is perhaps in the narrow sense that different societies place a higher priority on the common good on a wide range of issues and, more broadly, that certain forms of “traditional knowledge” (TK) shared by indigenous communities do not correspond to the Western codified model of individual and exclusive ownership (Michalopoulos, 2003: 17-18). Recent advances in biotech products have highlighted this opposition: for Western proponents, modern genetic research to increase human well-being is a respectable “bioprospecting,” a form of intellectual property that is part of trips. On the other hand, for indigenous peoples, patenting TK resources such as neem extract[ii] can be considered a form of “biopiracy” and represents the “incorrect reconditioning of traditional knowledge to guarantee monopolistic rents for biopirate while excluding the original innovator from a right to such rents” (Isaac -Kerr, 2004). The TRIPS agreement currently provides no consensual interpretation of what traditional knowledge is or how it should be protected (CIPR, 2002b: 73-87). The Agreement on Trade-Related Intellectual Property Rights (TRIPS) was negotiated between 1986 and 1994 as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), which led to the creation of the World Trade Organization (WTO). The TRIPS agreement sets minimum levels for different types of intellectual property protection, including copyright, trademarks, patents, industrial design and trade secret protection. WTO membership implies an obligation to respect the TRIPS agreement. According to the WTO, the agreement seeks to strike a balance between long-term social benefits to society through increased innovation and short-term costs to society due to lack of access to inventions (World Trade Organization: Intellectual Property: Protection and Enforcement.

Appeal of the WTO agreement: agreements: wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm). It is essential that TRIPS also represent a significant improvement over previous PrIS agreements, as they have considerable capacity to control, control and resolve disputes (Matthews, 2002: 79-95). An TRIPS Council – which brings together all WTO members – examines national legislation and the implementation of the agreement. In the event of serious litigation, any member may ultimately refer a case to the WTO`s dispute resolution body, which has the power to impose criminal trade sanctions to ensure compliance. The success stories initiated by Ecuador and Brazil show that the dispute settlement mechanism works for both developed and developing countries (PMI, 2010). TRIPS are therefore seen by its proponents as a global system of applicable intellectual property protection, which plays an essential role in the modern global information society. By scratching and encouraging innovation, it facilitates international trade, promotes economic growth and enables technological progress and the dissemination of knowledge, ultimately benefiting producers as well as users throughout the industry and development world.