Positive And Negative Impacts Of Trips Agreement

The TRIPS Standard Line stems from the recognition of the current importance of the knowledge economy and private intellectual property (IP) as an essential element of international trade (WTO, 2008: 39). Differences of opinion and lack of intellectual property protection constitute important non-tariff barriers and TRIPS results from the need for a strong multilateral framework to replace an ineffective patchwork of existing IPR agreements[i] (Matthews, 2002: 10-12). This is the first time that TRIPS has introduced a global standard for the protection of intellectual property that all WTO members must respect. This includes copyrights, trademarks, industrial designs, geographical indications, patents, integrated circuit designs, trade secrets and anti-competitive contractual restrictions. Like other WTO agreements, it applies the fundamental principles of non-discrimination: most-favoured-nation (no discrimination between trading partners) and national treatment (treating foreigners on an equal footing with their own nationals). Robert Wade (2003) proposes that it is therefore a “significant narrowing of the development space”: a reduction in the political autonomy of States, which balances them with the development paths taken by others before them. In addition, the agreement is “vague on where vacancy benefits developed countries and in places where precision acts against developing countries” (Wade, 2003: 630). The obligations of developing countries and the rights of developed countries are both more applicable than the rights of developing countries and the duties of developed countries.