TRIPS: Trade-Related Aspects of Intellectual Property
Rights
Understanding the global framework that harmonised intellectual property standards and linked them to international trade for the first
time in history.
Before TRIPS
The Pre-1995 IP Landscape
International IP lived mainly under WIPO treaties: Paris
Convention (1883) for patents/marks/designs and Berne
Convention (1886) for copyright. These established big
principles like national treatment and right of priority.
However, they lacked enforcement teeth. Countries joined at
different times, standards were uneven, and remedies were
patchy.
The Uruguay Round Bargain
1980s Trade Shift
Software, films, brands, pharmaceuticals moving across borders at scale. Counterfeiting became a major complaint.
The Deal
Developed countries wanted higher IP standards; developing countries wanted market access and implementation time.
TRIPS Born
Agreement entered force with WTO in 1995, linking IP to trade for the first time.
What Made TRIPS Different
Binding Minimum Standards WTO Dispute Settlement Development Recognition
Set standards across virtually all main Members could bring state-to-state Transition periods for developing
IP fields, not just patents and cases over non-compliance. Real countries; extended timelines for
copyright. Countries must meet the enforcement teeth at last. least-developed countries, especially
floor. for pharmaceuticals.
The Architecture of TRIPS
01 02
Part I: General Provisions (Arts. 138) Part II: Standards (Arts. 9340)
National treatment, most-favoured-nation, Paris incorporation, The heart of TRIPS4what must be protectable, scope of rights,
Objectives (Art. 7) and Principles (Art. 8). term, exceptions for all IP categories.
03 04
Part III: Enforcement (Arts. 41361) Parts IV3VII: Implementation
Civil, provisional, border, and criminal enforcement standards. Acquisition/maintenance of rights, dispute settlement, transitions,
and final clauses.
Copyright & Related Rights
Arts. 9314
Imports Berne (1971) substantive rules except moral rights4no
formalities, protection arises on creation
Computer programs are literary works; databases protected for creative
selection/arrangement
Rental rights for computer programs and films; phonograms where rental
causes copying
Term: life + 50 years minimum
Exceptions: three-step test4special cases, no conflict with normal
exploitation, no unreasonable prejudice
Related rights: performers, producers, broadcasters450 years for
performances/phonograms, 20 for broadcasts
Trade Marks & Geographical Indications
Trade Marks (Arts. 15321) Geographical Indications (Arts. 22324)
Any distinctive sign can be a mark. Rights stop Signs linking goods to a place where quality/reputation is
identical/similar signs where likelihood of confusion exists. due to geography. Baseline: stop misleading uses. Extra
Well-known marks get enhanced protection. Indefinitely protection for wines/spirits4bar "X-type/style" even if true
renewable terms ( g7 years each). Limited fair uses allowed; origin appears. Carve-outs for earlier trade marks and
no compulsory licensing. generic terms.
Industrial Designs & Semiconductor Layouts
Industrial Designs (Arts. 25326) Layout-Designs (Arts. 35338)
Protect independently created designs that are new/original. May Protect semiconductor topographies against reproduction and
refuse designs dictated by technical function. Right to stop commercial exploitation. Relief for innocent infringers. Term:
making/selling/importing. Term: g10 years. g10 years. Specialized but important right for chip layouts.
Patents: The Core Framework
Arts. 27334
Subject Matter Rights & Term
Inventions in all fields of Product patents prevent
technology if new, inventive, making/using/selling/importing.
industrially useful. No Process patents cover use and
discrimination by direct products. 20-year term
field/place/import status. from filing.
Exclusions
Ordre public/morality; diagnostic/therapeutic/surgical methods;
plants/animals (except micro-organisms). Must protect plant varieties by
patents or effective sui generis system.
Patent Flexibilities & Trade Secrets
Patent Safety Valves Trade Secrets (Art. 39)
Art. 30: Limited exceptions4research/experimental use, Protect secret, commercially valuable information against
Bolar for pre-expiry regulatory testing misappropriation
Art. 31: Compulsory licensing/government use under Must be kept secret with reasonable steps
conditions4case-by-case, adequate remuneration, domestic Independent discovery/reverse engineering remain lawful
supply predominance
Regulatory test data protected from unfair commercial use
Public-health clarification via Doha Declaration; export
pathway via Art. 31bis
The Public-Interest Lens
Built-In Flexibilities
Art. 8: Principles
Art. 7: Objectives
Members may adopt measures for public
IP should promote innovation and transfer health and nutrition, prevent IP abuses.
to mutual advantage, conducive to social
and economic welfare. Art. 6: Exhaustion
Leaves parallel imports to national
policy4members choose exhaustion
Part III: Enforcement regime.
Fair procedures, civil remedies, border
Art. 27.3(b)
measures, criminal penalties for wilful
commercial-scale infringement. Policy space on plant varieties4patent vs
sui generis PVP system.
Part II Sets the Floor
TRIPS Part II establishes minimum standards across all major IP rights. It imports Berne for copyright, standardises trade mark
confusion tests, protects geographical indications with extra strength for wines/spirits, covers industrial designs and semiconductor
layouts, mandates 20-year patents across all technology fields, and recognises trade secrets.
20 50 10
Years Years Years
Minimum patent term from filing Minimum copyright term (life + 50) Minimum term for designs and layouts
Remember: Read all standards through Arts. 7384innovation, welfare, and balance. TRIPS sets the floor; several articles show where
the doors and windows are.