Trips Agreement Principles

The obligations under Articles 3 and 4 do not apply to procedures under WIPO-led multilateral agreements on the acquisition or maintenance of intellectual property rights. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is an agreement of international law between all World Trade Organization (WTO) member states. It sets minimum standards for the regulation of different forms of intellectual property by national governments, as is the case for nationals of other WTO member states. [3] The TRIPS agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is managed by the WTO. Article 7 (Principles) and Article 8 (Goals) are at the forefront of the text of the WTO`s ON-TRIPS agreement, but have been sparsely illustrated in the statement of the dispute resolution body`s (DSB) reasons. This disparity is further accentuated by taking into account three key factors. First, the pioneering step of trips negotiators, which involves including comprehensive statements of intent in the operational text. Second, the strengthening of these provisions in the Doha DECLARATION on TRIPS and Public Health in 2001. Finally, the literal transposition of these provisions into other international ip instruments, including the Trans-Pacific Partnership, the anti-counterfeiting trade agreement and WIPO`s development agenda.

Taken together, these factors require a more in-depth analysis of the importance and application of Sections 7 and 8. This article is intended to contribute to this study by making available the different elements of each provision of a detailed text analysis. It will appear that necessity, adequacy, coherence and good faith are legal principles contained in Articles 7 and 8. In addition, these provisions recognize a principle of central interpretation – that of national regulatory autonomy. This means, but also, taking into account national political choices, recognizing a state-centered calibration method that must guide the application of TRIPS and any other agreement in which they are integrated. In addition, the agreement provides for certain fundamental principles, such as the treatment of the most favoured national and state states, as well as certain general rules, to ensure that procedural difficulties encountered in acquiring or maintaining the gains and others do not destroy the material benefits that the agreement should have.

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