TRIPS is arguably the most important and comprehensive international agreement on intellectual property rights. Discuss the effects of TRIPS on the UK.
Answer Plan
Explain the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Why is TRIPS important?
What effect does TRIPS have on the UK?
Answer
Like other countries, the UK frequently signs up to international treaties by which it is then bound in international law. An example of such a treaty is the Agreement on Trade-Related Aspects of Intellectual Property Agreement 1994 (TRIPS) administered by the World Trade Organisation (WTO) based in Geneva, Switzerland. TRIPS was finalised at the end of the Uruguay Round of world trade negotiations in 1993.
It is widely acknowledged that the TRIPS Agreement is the most important instrument to date concerning intellectual property protection. The TRIPS Agreement does not attempt to define intellectual property (IP). However, it includes all key areas of IP and requires its members to recognise the existing standards of protection within the Berne and Paris Conventions. TRIPS establishes minimum global standards of protection for copyright, rights neighbouring copyright, trade marks, geographical indications, designs, patents, topographies of integrated circuits and undisclosed (confidential) information. Less developed countries have been given an extended period in which to make the necessary changes to upgrade their domestic legislation.
It has been argued that strengthening intellectual property protection will increase foreign direct investment in developing countries and will lead to a greater transference of technology, thus ensuring that the TRIPS Agreement meets its stated objective set out in Art 7:
The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
The most important provisions of TRIPS relate to the IP rights enforcement powers in Part III. Before TRIPS, enforcement matters, that is procedure, remedies and criminal sanctions were left to national law – there was no multilateral precedent.
Internally, TRIPS is backed by the WTO’s dispute settlement procedures against recalcitrant member states. This enables one state to take action against another that it alleges is guilty of breaching the terms of TRIPS. For example, after a complaint by the US, India was requested to bring its transitional arrangements for patent protection of pharmaceutical and agricultural chemical products into line with Art 70. Sanctions may include the withdrawal of WTO advantages, including removal of concessions in the same area of trade, or the imposition of quotas and restrictions on a state’s exports.
In addition, TRIPS operates alongside the World Intellectual Property Organisation (WIPO). In other words, WIPO initiatives still have an important role to play – for example, the 1992 Convention of Biological Diversity (CBD) recognises the rights of indigenous peoples who preserve biological resources to share in the benefits arising from their commercial exploitation, and calls for greater protection for traditional intellectual resources of the developing world, notably plant culture, medicinal products and indigenous folklore.
In the UK, the Patent Office is responsible for formulating and delivering the UK policy on TRIPS topics. In particular, the UK Patent Office has identified two key policy areas:
It is important for a developed country, such as the UK, to help countries with little or no pharmaceutical sector to make effective use of compulsory licensing. Accordingly, the TRIPS Agreement was amended in 2005 to reflect this decision. This decision is the first time a core WTO agreement has been changed. This shows the willingness of member states, such as the UK, to ensure that the TRIPS Agreement does not stop the lesser developed countries from taking measures to protect public health.
In conclusion, there is no doubt that the TRIPS Agreement 1994 is the most important and comprehensive international agreement on intellectual property rights. Full implementation of the current TRIPS Agreement is a key objective of the UK Government which has pledged to work closely with all WTO members to work through any obstacles to this implementation.