Trips Agreement Contracting Parties

The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain. The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of “promoting access to medicines for all”. The holder of a registered trademark must be granted the exclusive right to prevent all third parties who do not have the licensee`s consent from using identical or similar signs for goods or services identical or similar to those for which the trademark is registered if such use would result in a risk of confusion. The use of an identical sign for identical products or services may be considered a risk of confusion (Article 16.1). In addition to the basic intellectual property standards set out in the TRIPS agreement, many nations have committed to bilateral agreements to adopt a higher level of protection. This collection of standards, known as TRIPS or TRIPS-Plus, can take many forms.

[20] Among the general objectives of these agreements is Section 26.1 requiring members to grant the owner of a protected commercial design the right to manufacture, sell or import to third parties who do not have the owner`s permission to manufacture, sell or import objects bearing or embodying a design that is a copy or, for the most part, a copy of the protected design when such acts are carried out for commercial purposes. The TRIPS agreement requires that undisclosed information — trade secrets or know-how — be protected. Article 39.2 stipulates that protection must apply to secret information of commercial value because it is secret and has been appropriately measures for secret work. The agreement does not require that undisclosed information be treated as a form of ownership, but it does require that a person who lawfully controls that information have the opportunity to prevent disclosure, purchase or use by others in a manner contrary to honest business practices.