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Intellectual Property and International Trade: the TRIPs Agreement
One of the agreements concluded within the framework of the Uruguay Round of Multilateral Trade Negotiations is the Agreement on Trade-related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods, generally known as "TRIPs". (For the text see Appendix I of this book.). The TRIPs Agreement is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPRs). It supplements and modifies the 'elderly' conventions governing intellectual property rights, the most important of which (i.e. the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literaly and Artistic Works) were first elaborated at the end of the 19th century. Certainly, these conventions were periodically revised (six major revisions in the case of both Berne and Paris) in order to promote in a gradual and incremental manner a quasi-uniform international regulation of industrial property and copyright. But, compared to the results of those revision exercices, the TRIPs Agreement constitutes a major qualitative leap which radically modifies not only the context in which IPRs are considered internationally, but also their substantive content, and the methods for their enforcement and dispute settlement. A first objective of this work is to offer a framework for understanding the TRIPs Agreement. It therefore seeks to shed light on the background, principles and complex provisions of this innovative international agreementand to highlight the context in which it was elaborated and adopted, and the manner in which it is to be interpreted and applied. A second objective is to infrom on and elucidate the new IPR standards established under the TRIPs Agreement. The intention here is to specify the 'added value' or additional elements of the TRIPs Agreement, as compared to the rules contained in the preexisting intellectual property conventions.
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