ABSTRACT

This chapter presents the analysis of the trade-related aspects of intellectual property rights (TRIPS) agreement. This agreement is divided into the following seven parts: General Provisions and Basic Principles; Standards Concerning the Availability, Scope and Use of Intellectual Property Rights; Enforcement of Intellectual Property Rights; Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures; Dispute Prevention and Settlement; Transitional Arrangements; and Institutional Arrangements and Final Provisions. In spite of having seven sections, take into account that the TRIPS agreement does not contain all the international rules governing intellectual property rights. Like General Agreement on tariffs and trade and general agreement on trade and services, the TRIPS agreement is based on the most-favored Nation and National Treatment Principle. The Preamble to the TRIPS agreement, takes "into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade."