Trip Is One Of The Wto Agreement That Deals With
Article 11 provides that authors have the right to authorize or prohibit the commercial rental of originals or copies of their copyrighted works, at least with respect to computer programs and, in certain circumstances, film works. With regard to film works, the exclusive right to loan is subject to the so-called value test: a member is exempt from the obligation, unless such a reproduction has resulted in a widespread reproduction of these works, which seriously impairs the exclusive right of reproduction granted to that member to the author and his rights holders. For computer programs, the requirement does not apply to rents for which the program itself is not the essential purpose of the tenancy. … all categories of intellectual property that are the subject of Sections 1 to 7 of Part II of the Agreement (Article 1: 2). These include copyright and neighbouring rights, trademarks, geographical indications, industrial designs, patents, integrated circuit designs and the protection of undisclosed information. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. The general objectives of the ON TRIPS agreement are contained in the preamble to the agreement, which echoes the fundamental negotiating objectives of the Uruguay Round, set in the TRIPS zone by the 1986 Punta del Este Declaration and the 1988/89 mid-term review. These objectives include reducing distortions and barriers to international trade, promoting effective and adequate protection of intellectual property rights, and ensuring that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade. These objectives should be understood in conjunction with Article 7 Objectives, under which the protection and implementation of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual benefit of producers and users of technological knowledge, and in a way that promotes social and economic well-being, and to the balance of rights and obligations. Article 8, entitled “Principles,” recognizes the right of members to take action for public health and other public interest reasons and to prevent abuses of intellectual property rights, provided these measures are consistent with the provisions of the TRIPS agreement.
In addition, Article 65.5 of the ON TRIPS agreement provides that countries that use the transition period cannot return members who use a transitional period (according to Article 65, paragraphs 1, 2, 3 or 4), to ensure that changes to their laws, rules and practices during the transition period do not result in a lesser degree of compliance with the provisions of the agreement. It has therefore been argued that the TRIPS standard, which requires all countries to have strict IP systems in place, will harm the development of the poorest countries.   It has been argued that it is in the strategic interest of most, if not all, countries to use the flexibility available in TRIPS to pass the weakest IP laws.  The obligations under Articles 3 and 4 do not apply to procedures under WIPO`s multilateral agreements for the acquisition or maintenance of intellectual property rights.