Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Trade-Related Aspects of Intellectual Property Rights (TRIPS)

INTRODUCTION
The World Trade Organization (WTO) is responsible for overseeing the international agreement known as Trade-Related Aspects of Intellectual Property Rights (TRIPS). The 1995 implementation of TRIPS, which sought to standardize and govern standards globally, signaled a dramatic change in the way intellectual property was viewed on a global scale. In order to strike a balance between fostering innovation and guaranteeing access to necessities, it covers a variety of intellectual property types, such as patents, copyrights, trademarks, and trade secrets.

OBJECTIVE OF TRIPS
The primary goal of TRIPS is to create a uniform international framework for intellectual property rights protection. TRIPS seeks to encourage innovation and creativity by providing exclusive rights to inventors through patents, protecting creators through copyright, and securing distinctive signs in trade through trademarks. The goal of the agreement is to create a balance between the interests of the general public, which gains from the diffusion of knowledge and technology, and rights holders, who profit from the exclusive rights, granted.

INTELLECTUAL PROPERTY RIGHTS
The rights that people are granted over their creative works are known as intellectual property rights. For a set amount of time, they often grant the creator the sole right to use his or her creation. The two primary categories of intellectual property rights are typically recognized as follows: industrial property and copyright and related rights.

TYPES OF INTELLECTUAL PROPERTY
Copyrights, trademarks and patents are three different categories of intellectual property (IP). A closer look shows the distinction.

Copyright
Generally speaking, copyright refers to an author's rights in their creative and literary works. Broadly speaking, "related rights" the rights of artists, phonogram manufacturers, and broadcasting companies are also covered by copyright.
The TRIPS Agreement specifies how databases must be protected by copyright and guarantees that computer programs will be protected under the Berne Convention as literary works. Additionally, it includes rental rights in the scope of international copyright laws.
Creators of sound recordings and computer programs should be able to forbid the public from renting their creations for profit. When widespread copying of a film results from its commercial rental, then copyright owners' potential revenue from the film gets affected. In these cases, a similar exclusive right is applicable. It further states that for a minimum of fifty years, performers must be able to stop unauthorized recording, reproduction and broadcast of live performances. Sound recording creators should be able to stop recordings from being illegally reproduced for a certain amount of time. Sound recording creators must be able to stop recordings from being illegally reproduced for a half-century.

Trademarks
A trademark is a symbol, or symbols combined, that is used to set one business's products or services apart from another.
The TRIPS Agreement specifies the kinds of signs that qualify for trademark protection as well as the minimal rights granted to their owners. It states that service marks need to be safeguarded similarly to how trademarks used on products are. Well-known trademarks in a given nation are granted extra protection.

Patents
According to the TRIPS Agreement, eligible inventions in all technological domains that are novel, require an inventive step, and have potential for industrial application must be granted patent protection. Not only processes, but also products are eligible inventions. They need to be shielded for a minimum of twenty years. Governments may, nevertheless, decline to grant a patent for an invention if it is necessary to forbid its sale in order to maintain morality or public order. Additionally, they have the ability to exclude from patent protection biological processes other than microbiological processes, plants, animals, and surgical, therapeutic, and diagnostic methods.
The TRIPS Agreement lays out the minimal rights that patent owners must possess and the circumstances in which these rights may be waived. Governments may grant compulsory licenses under the terms of the agreement, enabling a rival to manufacture the good or employ the process under license without the owner's permission. However, only under certain restrictions outlined in the TRIPS Agreement, which are meant to protect patent holders' interests and can be accomplished.
The product that is directly obtained from the process must be covered by the rights if a patent is granted for a process invention. A court may, under specific circumstances, require accused infringers to demonstrate that they have not utilized the patented process.

CONTROVERSIES AND CRITICISMS
Despite being intended to level the playing field in international trade, TRIPS has come under fire for what is seen as a bias in favor of developed nations. The strict intellectual property requirements of the agreement have been charged with impeding developing countries' access to knowledge, technology, and life-saving medications. Critics contend that by giving preference to those with the means to navigate intricate patent systems, TRIPS may unintentionally contribute to global inequality.

ENFORCEMENT AND DISPUTE RESOLUTION
TRIPS create procedures for enforcing its rules and settling disagreements between its member nations. These procedures guarantee that parties follow established norms and contribute to the preservation of an impartial and fair environment in international trade. For disputes pertaining to intellectual property rights to be resolved quickly, the dispute settlement procedure is essential. Maintaining the integrity of the international intellectual property regime and preventing misuses that could jeopardize the goals of the agreement depend on a robust enforcement mechanism.

CONCLUSION
To sum up, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) have a significant influence on how intellectual property is protected internationally. While it aims to foster innovation and creativity, it has not been without controversies and criticisms, particularly regarding its impact on access to essential goods and services in developing countries. TRIPS's flexibilities such as those related to public health show that the agreement recognizes the need to strike a balance between the interests of the general public and right holders. It will be crucial to have ongoing talks and negotiations about TRIPS in order to make sure that it continues to be a fair and applicable framework for the various needs of the global community as the world changes.

AUTHOR
Manali Pokharna
BAF, LLB, PGDL
Mumbai, Maharashtra, India