The TRIPS Council shall monitor the application of this Agreement, and in particular The compliance of Members with their obligations under this Agreement, and shall provide Members with an opportunity to consult on matters related to trade-related aspects of intellectual property rights. It shall carry out other tasks entrusted to it by Members and, in particular, shall provide assistance requested by Members in dispute settlement proceedings. In carrying out its tasks, the TRIPS Council may consult any source it deems appropriate and request information. In consultation with WIPO, the Council shall endeavour to make appropriate arrangements for cooperation with the organs of that organization within one year of its first meeting. 5. This Article and the Annex to this Agreement are without prejudice to the rights, obligations and flexibilities enjoyed by Members under the provisions of this Agreement, with the exception of Article 31(f) and (h), including the rights, obligations and flexibilities reaffirmed in the Declaration on the TRIPS Agreement and on Public Health (WT/MIN(01)/DEC/2), and their interpretation. Nor shall they affect the extent to which medicinal products manufactured under compulsory licence may be exported in accordance with Article 31(f). The WTO`s Council on Trade-Related Intellectual Property Rights (TRIPS Council) monitors the implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), provides a forum for WTO Members to consult on intellectual property issues, and exercises the specific powers conferred on the Council in the TRIPS Agreement. A more detailed overview of the TRIPS Agreement The TRIPS Agreement.
is the most comprehensive multilateral agreement on intellectual property to date. The general objectives of the TRIPS Agreement are set out in the preamble to the Agreement, which sets out the basic objectives of the Uruguay Round negotiations set out in the TRIPS area by the Punta del Este Declaration of 1986 and the Mid-term Review of 1988/89. These objectives include reducing distortions and barriers to international trade, promoting effective and adequate protection of intellectual property rights, and ensuring that enforcement measures and procedures for intellectual property rights do not themselves become barriers to legitimate trade. Those objectives should be read in conjunction with Article 7 (“Objectives”), according to which the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technology for the mutual benefit of producers and users of technological knowledge and in a manner conducive to social and economic prosperity, and a balance of rights and obligations. Article 8 (“Principles”) recognizes the right of Members to take measures for reasons of public health and other reasons of public interest and to prevent the abuse of intellectual property rights, provided that such measures are consistent with the provisions of the TRIPS Agreement. Emphasizing the importance of reducing tensions through enhanced commitments to resolve disputes over trade-related intellectual property issues through multilateral procedures; 2. Procedures for the enforcement of intellectual property rights shall be fair and equitable. They must not be unnecessarily complicated or costly, nor should they lead to unreasonable delays or unjustified delays.
After the Uruguay Round, GATT became the basis for the creation of the World Trade Organization. Since ratification of the TRIPS Agreement is a mandatory condition for becoming a member of the World Trade Organization, any country seeking easy access to the many international markets opened by the World Trade Organization must adopt the strict intellectual property protection laws required by the TRIPS Agreement. That is why the TRIPS Agreement is the most important multilateral instrument for the globalization of intellectual property rights. States such as Russia and China, which have very little chance of acceding to the Berne Agreement, have seen the prospect of WTO membership as a strong incentive. 1. For the purposes of the civil proceedings for infringement of the rights of the rightholder referred to in article 28(1)(b), the judicial authorities shall have the power to order the defendant to demonstrate that the method of obtaining an identical product is different from the patented process where the subject matter of a patent is a process for obtaining a product. Therefore, Members provide, in at least one of the following circumstances, that any identical product manufactured without the consent of the patent owner is deemed to have been obtained by the patented process until proven otherwise: (1) Judicial authorities have the power to order a party to refrain from infringing, inter alia, in order to prevent imported goods containing infringement of an intellectual property right: enter the channels of commerce of their jurisdiction immediately after the clearance of such goods. Members are not required to grant such power in respect of protected subject matter acquired or ordered by a person before the person knows or has had reasonable grounds to believe that trade in such subject matter would result in an infringement of an intellectual property right. It was therefore argued that the TRIPS standard, which required all countries to create strict intellectual property systems, would harm the development of the poorest countries.   It has been argued that it is a prima facie in the strategic interest of most, if not all, underdeveloped countries to use the flexibility offered by TRIPS to enact the weakest INTELLECTUAL property laws.  The Agreement on Trade-Related Aspects of Intellectual Property Rights (commonly referred to as TRIPS) has contributed significantly to the expansion of intellectual property rights […].