Lichtlabor-Berlin

TRIPS has imposed the dominant system of intellectual property on the world in the United States and Europe, as humans are today. I believe that the development of the IP system is not good for the United States and the EU; but I believe even more that it is not in the interest of developing countries. This pressure, which can be bilateral (for example. B under U.S. Trade Representative Special Procedure 301) or multilateral (smaller competing trade agreements such as the Trans-Pacific Partnership (TPP), has multiplied in recent years due to an effective failure of the WTO negotiations, which halted further progress in their last round of negotiations, the Doha Development Round. What are intellectual property rights? Intellectual property rights are the rights given to men by creating their minds. A detailed overview of the ADPIC agreement THE TRIPS agreement … is the most comprehensive multilateral agreement on intellectual property to date… 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. Contrary business practices include breach of contract, breach of trust and inducements of breach, as well as the acquisition of undisclosed information by third parties who knew or seriously knew that such practices were involved in the acquisition. An agreement reached in 2003 relaxed domestic market requirements and allows developing countries to export to other countries with a public health problem as long as exported drugs are not part of a trade or industrial policy. [10] Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. Review of the terms of application of members Members must inform the TRIPS Council of their relevant laws and regulations. This will help the Council to review the functioning of the agreement. Unlike other IP agreements, TRIPS have an effective enforcement mechanism.

States can be disciplined by the WTO dispute settlement mechanism. News from the TRIPS Council and intellectual property at the WTO, prepared for non-specialists. Article 10.2 specifies that databases and other compilations of data or other material other than them are protected by copyright, even though the databases contain data that, as such, is not protected by copyright. Databases are protected by copyright as long as they are intellectual creations because of the choice or disposition of their contents. The provision also confirms that databases must be protected in any form, in whatever form, whether computer-readable or in any other form.

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