INTRODUCTION
One common thing between the World Trade Organization (WTO) and Trade-Related Aspects of Intellectual Property Rights (TRIPS) can be easily identified by a logical person: ‘ Trade’. Trade is one of the first things that relates these two. This article will briefly discuss the relationship between TRIPS and WTO. Since the very beginning of civilizations, trade has been a way towards stability. Throughout the history, trade can be seen interwoven with foreign policy. History has provided us with several examples that show that trade and foreign policy go hand in hand. To name a few – a large part of Egypt was conquered by Rome to get a better grain supply, and the historically famous Silk Route in China was maintained through military power for the value of trade made possible with it[1]. But with the advent of trade was not just limited to goods but also saw an inclusion of intellectual property in it.[2]
WORLD TRADE ORGANIZATION
The World Trade Organization as the name suggests is an organization that deals with trade-related rules between countries which makes it the only such international organization. It was created in 1995 on 1st January[3], the establishment of this organization was a significant reform in the international trade market after World War II. Before WTO, the General Agreement on Tariffs and Trade (GATT) provided the world with rules for global trade and commerce.
However, one of the major differences WTO brought to the international trade rules was the inclusion of trade in Intellectual Property and services with new dispute-settling procedures while GATT focused on the trade of goods. At present, the WTO members represent 98 percent of the global trade market with a total of 164 members. WTO provides a forum for governments.
WHAT IS TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS?
TRIPS is an international agreement which deals with Intellectual Property rights’ trade-related aspects. It came into force in 1995. TRIPS is a comprehensive agreement that mentions all forms of intellectual property, to enable international trade of intellectual creativity smoothly or to ensure a fair dispute resolution over trade of intellectual property[4]. TRIPS has set the standard of minimum protection for intellectual property that is to be provided by each member of the agreement along with certain principles to ensure the procedure of acquiring and maintaining the intellectual property goes smoothly.[5] Because the standard set by TRIPS is minimal, determining whether to implement extensive protection or the one set in the agreement and how to implement it in the legal system of their own country is left to the member country itself to decide[6].
HOW ‘WORLD TRADE ORGANIZATION’ AND ‘TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS’ ARE RELATED?
At the international level, the first major step for the protection of Intellectual property came into existence with the “Paris Convention for the Protection of Industrial Property” in 1883 soon after which in 1886[7] the “Berne Convention for the Protection of Literary and Artistic Works” was negotiated and here it first time it was recognized that the commercial relations relating trade of intellectual property were getting affected adversely due to an absence of a specific legal framework to govern it at the international level. Thus, increasingly the necessity to develop a legal framework for the same was felt in the context of the General Agreement on Tariffs and Trade (GATT)[8]. A proper discussion regarding the problems faced during intellectual property rights protection concerning international trade was held for the first time at the Tokyo Round of GATT in 1978[9]. There were also instances of conflict of interest between developing and developed Nations regarding the protection of IP rights and trade problems in their administration. Therefore, “Trade-related aspects of Intellectual Property Rights” became a concerning issue for GATT meetings.
The idea of launching a new negotiation which later came to be known as the Uruguay Round was introduced at the 1982 GATT ministerial meeting in Geneva. After four years when the ministers agreed in 1886 new round of negotiation was launched in the Punta del Este, Uruguay with a negotiating agenda of trade policy issues. As a part of this multilateral trade negotiations, a set of negotiations was introduced concerning the “Trade-related aspects of intellectual property rights”.
The debate and discussion for the same started in January 1987. As a result, an interim report was submitted before the ministerial meeting in Montreal in 1988. The Uruguay round of negotiation was supposed to last for four years however, due to some disagreements regarding the reforms of agricultural trade, the negotiations got extended till 1994[10]. During this extended period, a need for a negotiating forum where countries could go and resolve their international trade-related disputes was also recognized along with a reviewed and updated set of international trade rules which was earlier provided by the 1948 General Agreement on Tariffs and Trade (GATT).
Thus, at the meeting of ministers in Marrakesh, Morocco, in April 1994 the negotiations reached a consensus to introduce an agreement for Trade-related aspects of intellectual property rights (TRIPS) and a new international organization to deal with trade rules and disputes, replacing the GATT while keeping its general agreement as an Umbrella treaty for trade in goods but making an updation to it by setting not only trade rules for goods but also for services and intellectual property.
That is how in the year 1995 ‘World Trade Organization’ was established along with ‘Trade-related Aspects of Intellectual Property Rights’ born out of the same agreement. TRIPS agreement applies to every member country of the World Trade Organization, with a delay of a certain period in the application of its provisions based on whether the country is developed. Transitioning economy, developing or least developed. [11]
Intellectual property protection became an essential element of the multilateral trading system of WTO, due to the existence of the TRIPS Agreement. The main conventions like the “Paris Convention” and “Berne Convention” of the World Intellectual Property Organization (WIPO) have substantive obligations, which too must be complied with by the member countries of WTO as they are a member of the TRIPS Agreement as well. However, certain additional obligations are also introduced by the TRIPS Agreement to areas not addressed by the pre-existing conventions which is why the TRIPS Agreement is also known as the “Berne and Paris-plus” Agreement[12].
Under Article 68 of the TRIPS Agreement, the TRIPS Council is established which is comprised of all the members of the World Trade Organization[13]n and it is a forum where the implementation and operation of the aspects of the TRIPS Agreement is discussed as well as administered.
CONCLUSION
Times before the existence of the TRIPS Agreement it was challenging to address issues of intellectual property trade but an attempt was made at the multilateral trade negotiations round in Uruguay to govern, administer, and operate the international trade rules as well as disputes over the intellectual creations which resulted in the formation of World Trade Organization and Trade-Related Aspects of the Intellectual Property Rights Agreement. Both the WTO and TRIPS Agreement are important for the successful existence of each other. Issues concerning intellectual property rights are mandatory parts of the trade negotiations for example Doha Round of Trade Negotiations 2001[14]. Such protection and discussion of IP concerning its trade encourages more innovation, creation, and secured commercial benefit.
Author(s) Name: Bhumika (Symbiosis International University)
References:
[1] WTO, ‘History of the multilateral trading system’ <https://www.wto.org/english/thewto_e/history_e/history_e.htm> accessed 13 November 2023
[2] WTO, ‘What is the World Trade Organization’ <https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm > accessed 14 November 2023
[3] WTO, ‘What is the World Trade Organization’ <https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm > accessed 14 November 2023
[4] Japan Patent Office, Introduction to TRIPS Agreement, 2008, page-3, para – 2
[5] WTO, ‘Overview: the TRIPS Agreement’<https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm> accessed 15 November 2023
[6] WTO, ‘Overview: the TRIPS Agreement’<https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm> accessed 15 November 2023
[7] WIPO, ‘Summary of the Paris Convention for the Protection of Industrial Property (1883)’ <https://www.wipo.int/treaties/en/ip/paris/summary_paris.html> accessed 15 November
[8] Japan Patent Office, Introduction to TRIPS Agreement, 2008, page-1, para – 3
[9] Japan Patent Office, Introduction to TRIPS Agreement, 2008, page-3, para – 2.1
[10] WTO ‘The Uruguay Round’ <https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact5_e.htm> accessed 15 November 2023
[11] WTO, ‘TRIPS frequently asked questions’, <https://www.wto.org/english/tratop_e/trips_e/tripfq_e.htm#:~:text=The%20TRIPS%20Agreement%20obliges%20WTO,policies%20on%20intellectual%20property%20protection.> accessed 14 November 2023
[12] WTO, ‘Overview: the TRIPS Agreement’<https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm> accessed 15 November 2023
[13] WTO, ‘Council for Trade-Related Aspects of Intellectual Property Rights’ <https://www.wto.org/english/tratop_e/trips_e/intel6_e.htm> accessed 13 November 2023
[14] WTO, ‘What is the World Trade Organization’ <https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm > accessed 14 November 2023
