19 Dec Trips Agreement Opened For Signature
International Treaty on Plant Genetic Resources (ITPGR). 2001. Opening at the signing on November 3, 2001, available from www.fao.org/ag/cgrfa/IU.htm. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. Under section 14.2, members must grant phonogram producers an exclusive right to reproduce. In addition, under section 14.4, they must at least grant exclusive rental rights to phonogram producers. The rental rights provisions also apply to all other rights holders in phonograms, as defined by national law. This right has the same scope as the right to rent with respect to computer programs.
It is therefore not subject to value scrutiny, as is the case with film works. However, it is limited by a so-called paternity clause where a member who, on 15 April 1994, the day the Marrakesh Agreement was signed, has a system of fair remuneration for rights holders for the rental of phonograms, who can maintain such a system, provided that the commercial rental of phonograms does not substantially infringe the exclusive rights of rights holders. With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of “promoting access to medicines for all”. Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides for a mechanism by which a country intending to take action against such practices involving companies in another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding the applicant`s compliance with its confidentiality (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4). After the Uruguay Round, THE GATT became the basis for the creation of the World Trade Organization. Since ratification of TRIPS is a precondition for membership of the World Trade Organization, any country seeking difficult access to the World Trade Organization`s many international markets must adopt the strict intellectual property laws imposed by TRIPS.
This is why TRIPS is the main multilateral instrument for the globalization of intellectual property laws. Countries such as Russia and China, which were very unlikely to see the Berne Convention, saw the prospect of WTO membership as a great temptation. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand.