Hello, the purpose of "TRIPS" is to reduce distortions and obstacles in international trade, promote adequate and effective protection of intellectual property rights, and ensure that enforcement measures and procedures for intellectual property rights do not become legal. obstacle. It includes the following principles:

(1) The principle of national treatment

This was first proposed in the Paris Convention for the Protection of Industrial Property and was emphasized again in the TRIPS Agreement. All members must adhere to the basic principles. The meaning of this principle is: when it comes to the protection of intellectual property rights, member laws must give nationals of other members the same treatment that nationals of their own country or region enjoy. If you are a non-member national, you can also enjoy national treatment after meeting certain conditions. For example, in terms of copyright protection, as long as a citizen's work is first published in a member state, he can enjoy national treatment in that member state.

(2) The principle of most-favored-nation treatment

This principle was initially only applicable to international trade in tangible goods, and was later extended to the field of intellectual property protection by the TRIPS Agreement. Its meaning is: the benefits, preferential treatment, privileges or immunities granted by a contracting party to a contracting party or a non-contracting party in terms of intellectual property protection shall be immediately and unconditionally granted to other contracting parties. The principle of national treatment solves the issue of equal protection between nationals and foreigners, while the principle of most-favored-nation treatment solves the issue of equal protection between foreigners. The most common point is that it prohibits discrimination or discrimination in the protection of intellectual property rights. differential treatment.

(3) Principle of Transparency

Transparency originally meant that the intellectual property protection laws and regulations promulgated and implemented by each member, as well as the generally applicable final judicial judgments and final administrative rulings, should be The national language is promulgated or otherwise made known to member governments and rights holders.

(4) The principle of independent protection

This principle means that the legal protection obtained by nationals of a member state for the same intellectual achievements in other contracting states (or regions) is independent of each other. The creation, invalidation or termination of intellectual property rights in one member does not necessarily lead to the creation, invalidation or termination of the intellectual property rights in other members.

(5) Automatic protection principle

This is a basic principle that only applies to copyright protection. The implication is that the author does not need to perform any formalities when enjoying and exercising the copyright enjoyed by the nationals of the member state. Registration, submission of samples, and copyright marking cannot be used as conditions for the creation of copyright.

(6) Priority principle

Priority is one of the most important rights granted to nationals of contracting countries by the Paris Convention for the Protection of Industrial Property. The TRIPS Agreement affirms it and solves the problem of foreigners applying for Unfair competition issues arising from various reasons in terms of patent rights and trademark rights. What it means is that if an applicant files an application for invention patent, utility model, design or trademark registration in a contracting member, and then files an application with the same content to other members for the same registration application within the prescribed time limit, he or she can enjoy the benefits of the application. Right of date priority. That is, the date of first application to a member can be regarded as the date of actual application to other members. The period limit for enjoying priority depends on different industrial property rights. For inventions and utility models, it is 12 months from the date of first application to a member, and for designs and trademarks, it is 6 months.

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