Title: Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Summary of Provisions:

TRIPS is a trade agreement which aims to harmonise national standards for the protection and enforcement of intellectual property rights. TRIPS sets minimum standards which individual members may supplement. It covers the areas of copyright, patents, trademarks, geographical indications, industrial designs, integrated circuit designs and trade secrets. Particularly relevant to the field of biotechnology are the patent rules. There are some important exceptions to which governments may refuse to grant patents, including "inventions dangerous to human, animal or plant life or health or seriously prejudicial to the environment." (Article 27.2, http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm)

However there are some contradictions in the Agreement and governments can't refuse patents for microbiological processes, and plant varieties , "must be protectable by patents or by a special system". (http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm6_e.htm).

As well as setting out the rights to be protected, the Agreement also specifies enforcement mechanisms to be used, transitional arrangements that granted developing countries a longer time period to conform and arrangements for dispute settlement through the World Trade Organisation's (WTO's) mechanisms.

Summary of development:

Although there were already several international conventions involving intellectual property rights, these were viewed as having significant gaps. Concerned that different national standards of protection would be an obstacle to free trade, TRIPS was established during the Uruguay Round of free trade talks (1986-94) that also established the World Trade Organisation.

Created within the context of free trade TRIPS incorporates the general WTO principles of most-favoured-nation and national treatment. All WTO members are involved in the Council on Trade-Related Aspects of Intellectual Property Rights which monitors and reviews the TRIPS agreement. A United Nations body the World Intellectual Property Organisation (WIPO), which oversaw the previous intellectual property agreements, helps the WTO to implement TRIPS.

Current Status:

All WTO members (153) are signed up to TRIPS.

Precursors:

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).
The Paris Convention for the Protection of Industrial Property (1967).
The Berne Convention for the Protection of Literary and Artistic Works (1971).
The Washington Treaty on Intellectual Property in Respect of Integrated Circuits (1989). (not in force).

TRIPS

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Related Summaries on the Genomics Gateway Site:

Convention on Biodiversity
Cartagena Biosafety Protocol
International Convention for the Protection of New Varieties of Plants
World Trade Organisation
World Intellectual Property Organisation

Page last updated 26th March 2009.

Comments/enquiries to catherine.rhodes-2 'at' manchester.ac.uk