TRIPS Agreement and Challenges
Image source: ictsd.org By K A Dhananjay, Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is a framework which brought a unified Intellectual Property standard across the globe. It is a complementary standard to the existing WTO regime, and tries to accommodate GATT principles in its text. Now, what does TRIPS protect? TRIPS protects copyright and related rights (i.e., the rights of performers, producers of sound recordings and broadcasting organisations); trademarks including service marks, Geographical Indication (G.I), industrial designs; patents including the protection of new varieties of plants, layout-designs of integrated circuits, trade secrets and test data. When we talk about the legal aspects of TRIPS, it is necessary that we go by the fundamentals. TRIPS has two main pillars — Most Favoured Nation (MFN) principle and National Treatment principle. MFN principle states that there shall be no discrimination and reciprocity shall be bind...