The TRIPS Agreement does not address questions about the acquisition and management of IPRs in depth. Rules concerning the above matter are laid down in Part IV of the agreement. The protection required by the agreement should not be impaired due to unnecessary procedural difficulties to acquire or maintain IPRs. It is one of the important goals which must be ensured for providing protection. Part II of the agreement deals with an individual group of IPRs along with provisions contained in Paris Convention. Parties must acquire or maintain trademark, GI, industrial design, patent, and layout design rights by the processes and requirements set out in Article 62 of the Part IV agreement
Features of TRIPS
Following are the three key features of the agreement.
Standards: Minimum standards of protection as set out by the TRIPS Agreement concerning one of the important areas of intellectual property. Each member is to be provided with the protection of minimum standards. Important elements of the protection have been defined, such as the subject matter which is to be protected, rights to be provided, and exceptions permitted to those rights. The standards set by the agreements require compliance with the current version by the substantive obligations of the convention of WIPO, Paris Conventions, Berne Convention concerning Literary and Artistic Works. Apart from the exceptions of provisions in the Berne Convention concerning moral rights, remaining substantive provisions of the given conventions must be incorporated, consequently becoming an obligation under TRIPS Agreement between the member nations.
Enforcement: The domestic procedure and the remedies concerning enforcement of intellectual property rights are the second important provision dealt with under the agreement. The agreement has laid down a specific general principle that applies to enforcing all the IPR. Additionally, provisions concerning civil as well as procedures of administration, remedies, measures, and special requisites relating to the border measures are mentioned in the agreement.
Dispute Settlement: Disputes among the members of WTO concerning obligations of TRIPS are made by the agreement, which is subject to dispute settlement procedures of WTO.
Objectives and Principles
The aim of the agreement has been set out in the preamble. It provides reduction of distortion and impediments to international trade, thereby promoting effective and appropriate protection of IPRs. It is also ensured that the measures and procedures for enforcing IPRs do not become barriers to the trade. The negotiators of TRIPS were given the mandate by the Uruguay Round from which Preamble has been created. Article 7 provides the objectives containing general aims. The search for a balanced approach is reflected in Article 7 concerning the protection of IP in social interest, which includes the interest of both the producers and users. Protection of IP contributes to promoting technological innovation and transferring and disseminating technology that is advantageous for the producers and users. ‘Principles’ are provided under Article 8, where the members’ rights for adopting measures for public health and other public interest reasons are recognized. It also lays its provisions for preventing abuse of intellectual property rights, given that the measures follow the TRIPS Agreement provisions.
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