Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (WTO) PS agreement) can be said to be an international convention with wide coverage, high level of protection, strong protection and strong restraint in the field of intellectual property protection in the world.
TRIPS divides the existing international conventions on intellectual property into three categories: ① international conventions that are basically completely affirmed and require all members to abide by and implement. There are four such international conventions: Paris Convention for the Protection of Industrial Property, Berne Convention for the Protection of Literary and Artistic Works, Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, and Treaty on Intellectual Property of Integrated Circuits. TRIPS has modified and reserved some clauses of these four international conventions, and it requires all WTO members to abide by and implement the above four conventions. ② There are more than ten international conventions that are basically completely affirmed and require all members to implement according to the principle of reciprocity, mainly the sub-conventions of the Paris Convention. (3) international conventions that do not require all members to abide by and implement. All international conventions that are not mentioned in TRIPS and do not belong to the above two categories are not required to be observed and implemented by all members, mainly including the universal copyright convention and the Convention on Phonograms.
the p>TRIPS agreement covers a wide range, involving almost all fields of intellectual property rights, and extends the principles and regulations on tangible goods trade in the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO) to the field of intellectual property protection. It not only strengthens the enforcement procedures and protection measures of intellectual property rights, but also strengthens the enforcement measures and dispute settlement mechanism of the agreement, closely combines the implementation of the agreement to protect property rights with trade sanctions, and at the same time sets up the "Trade-related Intellectual Property Rights Council" as a permanent institution to supervise the implementation of this agreement. (II) Objectives, general provisions and basic principles of the TRIPS Agreement < P > 1. Objectives < P > The preamble of the TRIPS Agreement states the objectives of this Agreement: In order to reduce distortions and obstacles in international trade, it is necessary to promote adequate and effective protection of intellectual property rights and ensure that measures and procedures for enforcing intellectual property rights will not become obstacles to legitimate trade.
2. General provisions and basic principles
(1) Scope of intellectual property
The p>TRIPS Agreement stipulates that the scope of intellectual property is: copyright and neighboring rights; Trademark right; Right to geographical indications; Industrial product design right; Patent right; The right of integrated circuit layout design (topology diagram); Exclusive right to undisclosed information.
(2) Relationship with other intellectual property conventions
The provisions of the p>TRIPS Agreement shall not prejudice the obligations that members have undertaken in accordance with the Paris Convention, the Berne Convention, the Rome Convention and the Intellectual Property Treaty for Integrated Circuits.
(3) principle of national treatment
in the protection of intellectual property rights, each member shall provide no less treatment to the nationals of other members than its own nationals. However, Paris Convention, Berne Convention, Rome Convention and the Treaty on Intellectual Property of Integrated Circuits allow the principle of reciprocity to replace the principle of national treatment in some cases. For performers, producers of phonograms and broadcasting organizations, national treatment only applies to the rights stipulated in this agreement; Some judicial and administrative procedures, for example, the need to specify a service address or entrust an agent within the jurisdiction of a member, can also be exceptions to national treatment.
(4) Most-favored-nation treatment principle
In terms of intellectual property protection, any benefits, preferences, privileges or immunities provided by a member to nationals of other countries shall be immediately and unconditionally applied to nationals of all other members. It is the creation of WTO to introduce the most-favored-nation treatment principle into the international protection of intellectual property rights. Perhaps because of this, there are more exceptions to this principle, that is, preferential treatment from international agreements on judicial assistance or law enforcement that are general but not specific to intellectual property protection; Reciprocal protection from Berne Convention and Rome Convention; The rights of performers, producers of phonograms and broadcasting organizations not specified in this agreement; Preferences arising from intellectual property agreements before the establishment of WTO.
There is also a general exception to MFN treatment and national treatment, that is, these two principles are not applicable to the procedures stipulated in multilateral agreements concluded under the auspices of the World Intellectual Property Organization on obtaining or maintaining intellectual property rights.
(5) Other principles
The goal of intellectual property protection is to promote technological innovation, technology transfer and technology dissemination, promote mutual benefit between producers and users of technological knowledge in a way conducive to social and economic welfare, and promote the balance of rights and obligations; Members may take necessary measures to protect the health and development of the public in the formulation or revision of their domestic laws and regulations, so as to increase public welfare in areas that are crucial to their socio-economic and technological development; Members may take appropriate measures to prevent rights holders from abusing intellectual property rights and from resorting to unreasonable trade restrictions in international technology transfer. (III) Validity, scope and utilization standards of relevant intellectual property rights < P > 1. Copyright and neighboring rights shall comply with the provisions of Berne Convention. The scope of copyright and neighboring rights includes:
(1) "literature and art" referred to in Berne Convention: all works in the fields of literature, science and art, regardless of their forms or ways of expression, such as books, speeches, plays, dances, lyrics, movies, pictures, photographic works, maps, etc.
(2) compilation of computer programs and data.
(3) Performer and recording system