Enforcement Of Trips Agreement
The main international agreement on intellectual property, which governs remedies for intellectual property infringement, is the 1994 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). WTO TRIPS disputes Certain TRIPS provisions relating to the application of intellectual property have been the subject of disputes in the WTO. The TRIPS Agreement is the only international agreement that contains a comprehensive section on the enforcement of intellectual property rights. The provisions of the agreement oblige WTO members to establish rules concerning investigation, interim measures, injunctions, damages and other remedies, as well as border measures and criminal sanctions. The implementing part of the TRIPS Agreement focuses on internal implementation mechanisms that, if effective, would put an end to law-violation activities at the source, the place of production. As far as possible, this is both a more effective means of enforcing intellectual property rights and justifying the risk of discrimination against imports than specific cross-border measures. However, the Agreement recognises that such application at source will not always be possible and that, in any case, not all countries are members of the TRIPS Agreement. Therefore, the Agreement also recognises the importance of border control procedures, which allow right holders to maintain cooperation between customs administrations in order to prevent the release for free circulation of in breached imports. The specific requirements for border measures are set out in Section 4 of the Implemented Part of the Agreement. A 2003 agreement eased the requirements of the domestic market and allows developing countries to export to other countries where there is a national health problem as long as the exported medicines are not part of a trade or industrial policy. [10] Drugs exported under such a regime may be packaged or coloured differently to prevent them from harming the markets of industrialized countries. The transparency processes established by the TRIPS Agreement constitute an important source of information for the general public and form the basis for an informed exchange of views between Members.
The objective is threefold: to promote transparency and predictability of the laws and strategies put in place by Members to protect and enforce intellectual property rights, to monitor the operation of the TRIPS Agreement, and to facilitate cooperation between the competent authorities of Members to stop trade in law-abiding goods. 2. With regard to the administration of laws relating to the protection or enforcement of intellectual property rights, Members shall exempt public authorities only officials from any liability for appropriate remedial measures only if measures in good faith are taken or are provided for in the application of this Law. . . .