THRIPS

The agreement on trade aspects of intellectual property rights (THRIPS) or the Agreement of TRIPS (engl. Agreement on Trade-Related Aspects of Intellectual Property Rights, in abbreviated form TRIPS) - the international agreement entering a document package about creation of the World Trade Organization. The agreement sets the minimum standards for recognition and protection of the main intellectual property items. This agreement was accepted during the Uruguayan round of the General Agreement on Tariffs and Trade (GATT) in 1994.

Value of the agreement

The agreement of TRIPS opens an opportunity for use of highly effective mechanisms of permission of the matters of argument which are available in the WTO in relation to intellectual property. These mechanisms provide a possibility of application of corrective actions by reprisals. If, for example, in one country violation of the rights of the author from other country is made, then the last, having carried out the matter of argument through procedures of the WTO for the conflict resolution, can raise tax on import of certain goods from the country violator on the territory.

General information

The agreement of TRIPS, first of all, provides accomplishment by the countries which are going to participate in it, of all major provisions of the Bern convention on protection literary and works of art, except for regulations on the non-property rights. Besides, the Agreement of TRIPS includes a number of new regulations on the international protection of copyright.

The absence in the Agreement of regulations on the non-property rights is justified as it in general is directed to settlement of exclusively trade aspects of intellectual property. The Agreement of TRIPS included a number of the fundamental points supplementing provisions of the Bern convention. According to them protection of copyright extends to computer programs, validity period of protection is extended and implementation of international trade in computer programs and other objects to intellectual property with the countries which do not have an opportunity to perform protection of copyright is limited. The agreement formulates the requirement of acceptance by member countries of different administrative forms of protection of copyright.

In case of the entry of the Russian Federation into the WTO expansion of a number of the countries with which Russia will be connected by cross liabilities in the field of the neighboring rights and also providing retroprotection to foreign phonograms and executions will become the main effect of agreement signature of TRIPS (these effects follow also from the taken place accession of the Russian Federation to the Agreement on executions and phonograms). As for copyright, owing to operation of the Bern convention in which Russia already participates, no significant changes in the relation of foreign works will happen.

Basic THRIPS standards

• The term of protection of property copyright should be not less than 50 years after the death of the author, for movies and photos this term is respectively 50 and 25 years from the moment of creation. Copyright should be granted automatically and cannot depend on accomplishment of any formalities, such as registration.
• Computer programs are considered as literary works in terms of copyright and have the same conditions of protection.
• National restrictions of copyright, such as bona fide use in the USA, should be accurately limited.
• Patents should be provided in all fields of technology, however exceptions for the purpose of protection of public interests are allowed. The term of protection of the property rights granted by the patent should be not less than 20 years.
• The list of objects which cannot be patented should be limited as well as restrictions of copyright.
• Each state should provide to citizens of other countries who joined TRIPS, such level is right in the field of intellectual property which it provides to own citizens.