What is the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)?
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a set of international regulations that serves to protect intellectual property (IP) rights across international borders. It applies to all areas of intellectual property protection, including copyright, patents, trademarks, and trade secrets, as well as geographical indications. TRIPS was established in 1994 by the World Trade Organization (WTO) as part of the new international trade rules. In California, TRIPS creates an international trade framework that requires Parties to provide strong IP protection and enforcement to promote creativity and innovation. Specifically, it seeks to create a level playing field that ensures that each Party is granted an equal share in the benefits of IP protection. This means that businesses cannot “free ride”, or use another Party’s IP without adequate compensation. At a minimum, the Agreement requires Member states to provide copyright protections that last for 50 years from the date of creation, and patent protections that last for 20 years from the date of filing. It also has provisions for trademarks, trade secrets, and geographical indications. TRIPS further requires that Member states to provide IP enforcement mechanisms, such as courts and police forces, to stop the illegal use of IP. In summary, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement that ensures that all Member states provide strong IP protection and enforcement for the benefit of all parties. It has been adopted by the World Trade Organization and is an integral part of international trade law in California.
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