December 3

Article 2.1 Trips Agreement

(a) arising from international agreements on mutual legal assistance or general criminal prosecutions and which are not particularly limited to the protection of intellectual property; The obligations under Articles 3 and 4 do not apply to procedures under WIPO-led multilateral agreements on the acquisition or maintenance of intellectual property rights. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. The ON TRIPS agreement requires Member States not only to protect the design of integrated circuits in accordance with the provisions of the IPIC Treaty, but also to clarify and/or build four points. These points relate to the duration of protection (10 years instead of eight, Article 38), the applicability of protection to articles that violate integrated circuits (last sub-clause of Article 36) and the treatment of innocent offenders (Article 37.1). The terms of the ADPIC agreement in Article 31 apply mutatis mutandis to the compulsory or non-compulsory granting of a layout licence or to its use by or for the government without the authorisation of the right holder instead of the provisions of the IPIC compulsory licensing contract (Article 37.2). (d) international intellectual property protection agreements that came into force prior to the ENTRY into force of the WTO agreement, provided that these agreements are notified to the Travel Council and do not constitute arbitrary or unjustified discrimination against nationals of other members. Trips-plus conditions, which impose standards beyond TRIPS, have also been verified. [38] These free trade agreements contain conditions that limit the ability of governments to introduce competition for generic drug manufacturers. In particular, the United States has been criticized for promoting protection far beyond the standards prescribed by the TRIPS.

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