The issue of global international protection of intellectual property rights was discussed, studied and implemented in the context of the world intellectual property organization (wipo) until 1986, in the context of wto trips i and wto trips. Since the late 1970s and early 1980s, with the development of modern science and technology, the share of trade in high-technology products and technologies in international trade as a whole has risen. However, enterprises or individuals are investing significant amounts of money and manpower in highly skilled products, which are easily imitated or counterfeited after entering the market, depriving developers and producers of further profit opportunities. However, the traditional world intellectual property organization protects intellectual property rights through multilateral, regional or bilateral agreements. As they do not have specialized bodies to enforce and protect the settlement of disputes, all international treaties administered by them cannot ultimately and effectively address the substantive aspects of intellectual property rights. Wto trips i. The uruguay round panel on intellectual property rights in the context of the wto uruguay round began its work in early 1987 and was formally signed on 15 april 1994 in the draft final document of the uruguay round multilateral trade negotiations on the agreement on intellectual property rights related to trade, including counterfeiting commodities. The introduction of trips marked the formation of a new international standard on international protection of intellectual property rights. The focus of the wto trips ii and wto trips negotiations was on intense debate between developed and developing countries in the course of the uruguay round of intellectual property negotiations, based on their respective interests. The main focus of the debate was four points. Objective of the negotiations. Scope of protection. Standards and levels of protection. 4. Implementation measures. Wto trips iii. Purpose of trips (i) relationships covered by trips. One of the objectives of the wto and wto, which are mutually supportive, is to develop new international rules on intellectual property protection. Relationship between trips and other international treaties on intellectual property protection. Article 2 of trips provides that parts i to iv of the agreement do not conflict with the obligations that the paris, berne and rome conventions have created for members. Wto trips iii. Purpose (ii) trips purposes and fundamental principles 1. Trips purposes. The preamble states that intellectual property rights are private rights and that members should promote the full and effective protection of intellectual property rights, establish new rules and disciplines and ensure that measures and procedures for the exercise of intellectual property rights do not constitute an obstacle to legitimate trade, so that the protection and enforcement of intellectual property rights can promote the innovation, transfer and diffusion of technology, promote the mutual benefit of producers and users of technological knowledge and promote a balance of rights and obligations in a manner conducive to social and economic welfare. Wto trips iii. Purpose (ii) trips purposes and fundamental principles 2. Fundamental principles of trips. Among the basic principles laid down in the agreement are the principle of national treatment. Article 3 (1) of the agreement provides that, except in the case of exceptions provided in treaties relating to intellectual property, “each member shall accord to its nationals no less favourable treatment than it accords to its nationals with respect to the protection of intellectual property rights”. The most-favoured-nation principle. Article 4 of the agreement requires that, in accordance with the original gatt guidelines, a member be required to grant its members unconditional and unconditional most-favoured-nation treatment without delay; it also provides for an exception where a member may waive its most-favoured-nation obligation. Protection of the principle of public interest. Article 8 of the agreement specifically establishes the principle of public interest under the heading “principles”, stating that, in the process of enacting or amending their laws and regulations, members may take the necessary measures to protect public health and nutrition and to promote the public interest in sectors of vital importance to their socio-economic and technological development. (iii) intellectual property rights (iprs) 1. Copyrights protected by wto trips iii. Purpose (iii) trips. Article 9 of the agreement expressly provides that members shall comply with the provisions of articles 1-21 of the berne convention, with the exception of article 6 bis, which provides only for the objects not protected by the berne convention. Computer programs, both source and purpose code, are protected as text works. The compilation of data or other information, whether readable or otherwise, should also be protected as long as the selection and organization of the material constitutes intellectual creation. The agreement also provides that members shall at least grant commercial rental rights to computer programs and film works. (iii) intellectual property rights (iprs) 2. Trademarks rights protected by the wto trips iii. Purpose (iii) trips. Article 15, paragraph 1, of the agreement provides for the use of trademarks as a protected object: any mark which is of a different nature or which acquires it through its use. The agreement allows members to refuse to register certain trademarks, subject to the provisions of the paris convention, but not to make non-use of the trademark a condition for refusal of registration, nor to refuse to register the nature of the goods or services used in the trademark. With regard to the protection of known trademarks, the agreement requires that the protection of known trademarks be extended to service marks. The use of a branded trademark without consent on a product or service that is different or similar also constitutes a violation if the trademark is violated. (iii) intellectual property rights (iprs) 3. Marks of origin protected by the wto trips iii. Purpose (iii) trips. Article 22-24 of the agreement provides for the protection of marks of origin. In accordance with article 22, a mark of origin is the indication that the commodity originates from a member or from a place within its territory and that the particular quality, reputation or other characteristics of the commodity are closely related to that origin, indicating that the mark of origin is that of the place of origin. The protection of marks of origin is primarily a prohibition of improper use, including an indication of a non-real origin or, although a real name is indicated, is actually intended to mislead consumers into believing that the commodity originated in another area with the same name. (iii) intellectual property rights (iprs) protected by wto trips iii, trips iii, trips iii, trips iii, trips iv. Industrial design. The agreement provides that members shall protect industrial designs, including textiles. It also provides that members may decide on their own means of protection and may set out the conditions under which protection may be granted, i. E. That the visual design must be new, independent creation or original, without protecting the technical functions therein. The protection period shall be no less than 10 years. However, the agreement allows members limited exceptions for the protection of industrial design. (iii) intellectual property rights protected under trips 5. Patents. The agreement provides that there shall be no discrimination in the invention of products or processes of a novel, creative and practical nature, regardless of their technical field, on the basis of whether the invention is made in the country or imported. Members may also refuse to patent certain inventions for the sake of public order or public morals. Patent rights under the agreement include the manufacture, use, sale and import of patented products and products produced directly by patented methods. If a patent is a patent on methods, the person accused of infringement must prove that the methods used are different from those used on patents and that, in the absence of evidence to the contrary, the person who produced the same or similar products is presumed to have used the same methods to infringe. Members may impose limitations on patent rights, including compulsory licensing, but these restrictions cannot prejudice the legitimate interests of the patentee. The duration of patent protection is at least 20 years. (c) the design of integrated circuit charting of intellectual property rights protected by the wto trips iii. The objectives of trips iii. The agreement requires that the protections provided for the design of the map include the import, sale and distribution of the map design and integrated circuits containing the chart design. But the agreement also allows for restrictions on rights: it is not considered to be infrequent when it is not known that the items sold contain illegally duplicated layout designs. 7. Undisclosed information on intellectual property rights protected by wto trips iii. Purpose (iii) trips. The agreement provides protection for “undisclosed information”, i. E. Similar to what is commonly referred to as “business secrets”. The terms of the agreement that constitute undisclosed information are: they are not known to the public, they have commercial value and they have reasonable confidentiality measures in place。with regard to the protection of this information, the agreement provides for three aspects: (i) in the process of guaranteeing effective protection against unfair competition, as provided for in the paris convention (1967 text), members shall comply with information not disclosed in the agreement and with data submitted to the government or its agents; (iii) if an intellectual property right protected by the wto trips iii or the trips principles constitutes undisclosed information, natural or legal persons shall, as far as possible, prevent the disclosure, acquisition or use of such information by others without permission and in a manner contrary to their business practices; (iii) when a member requests the submission of undisclosed experimental or other data as a condition for listing medical or agrochemical products that authorize the introduction of new chemical components, the member shall protect the data against improper commercial use, if the data is obtained after considerable effort. At the same time, unless it is necessary to protect the public or unless protection of the data is ensured against improper commercial use, the member shall protect the data against disclosure. Wto trips iii. Purpose (iii) trips protects intellectual property rights (iprs). Restrictive commercial conduct. The second part of trips, listed as “control of anticompetitive conduct in licensing contracts”, incorporates the protection of holders of intellectual property rights and the prevention of their abuse into the substantive law section. The agreement allows members to adopt the relevant provisions of their domestic law, take appropriate measures to control restrictive business practices, and lists the main ones: exclusive technology re-licensing, not allowing doubts about the validity of patents, and compulsory blanket licences. Wto trips iii. The trips trips agreement also requires, first, that if a member is satisfied that a natural person or person with a domicile of another member who has an intellectual property right is engaged in anti-competitive licensing practice, that member may request another member to consult on the matter; the latter shall cooperate by providing relevant non-confidential information, in accordance with domestic law or bilateral treaties. Secondly, if a national of a member or a person with residence is prosecuted for alleged violations by another member of the laws and regulations of the latter concerning the content of article 40 of the relevant agreement, the other member shall, upon request, be provided with the opportunity to consult with the member to whom the party belongs. Wto trips, iv. Enforcement of general obligations for the protection of intellectual property rights (i). Part iii, section i, article 41, of trips establishes general obligations for members to implement agreements: 1. Protection under domestic law. Members shall ensure that their domestic law provides for enforcement procedures under the agreement in order to take effective measures against violations of intellectual property rights covered by the agreement, including prompt remedies to prevent violations of intellectual property rights and remedies to deter further violations. 2. Fair and just protection. Procedures for enforcement of intellectual property rights should be fair and equitable. Wto trips iv. Enforcement of general obligations of intellectual property protection (i) 3. Full investigation. Decisions on the merits of a case should be written and debated. 4. Judicial review. The parties should have access to legal aspects such as review of final administrative decisions by the judiciary and review of primary judicial decisions. Wto trips iv. Enforcement of intellectual property protection (ii) civil, administrative and criminal procedures 1. Civil and administrative procedures. (1) fair and fair procedures. The agreement requires members to provide rights holders with civil proceedings for the enforcement of intellectual property rights. The defendant shall have the right to be notified in writing, which shall be served in a timely manner and in sufficient detail and shall include the basis of the charge. The parties are allowed to be represented by independent agents. The person concerned shall have sufficient rights to substantiate his or her allegations and to present all relevant evidence. The procedure shall provide means of defence and confidentiality of information, unless contrary to the requirements of the current constitution. Wto trips iv. Enforcement of intellectual property protection (ii) civil, administrative and criminal procedures 1. Civil and administrative procedures. (2) prohibition. The judiciary has the power to order a party to cease infringement, in particular to prevent imports that violate intellectual property rights from entering the commercial sphere under its jurisdiction after timely clearance. (3) compensation for loss. The judiciary should have the power to order the violator to pay the right holder sufficient compensation for the damage suffered by the right holder as a result of the violation. Wto trips iv. Enforcement of intellectual property protection (ii) civil, administrative and criminal procedures (4) other remedies. The judiciary has the power to dispose of products that are in violation of the law outside the commercial sphere without compensation. The disposition shall take into account the extent of the infringement, the remedy and the proportionate relationship of third party interests. In the case of counterfeit trademark products, a simple removal of the trademark (except in exceptional circumstances) should not be an adequate remedy to allow the product to enter the commercial sphere. (b) civil, administrative and criminal proceedings (5) compensation of the defendant. If the judicial authority, at the request of a party and because of the abuse of the enforcement procedure by that party, has taken the wrong order or restriction against the defendant, the judicial authority should have the power to order that party to compensate the defendant for the latter's loss and to pay the related expenses. (6) administrative procedures. Article 9 of the agreement specifically provides that, if administrative procedures are capable of ordering civil remedies, such procedures shall be subject to the above-mentioned principles and rules. Wto trips iv. Enforcement of intellectual property protection (ii) civil, administrative and criminal procedure 2. Criminal procedure. The provisions of the criminal procedure laid down in the agreement are reflected mainly in article 61. The article provides that members shall, at a minimum, prescribe criminal procedures and penalties in cases of commercial scale, intentional use of counterfeit trademarks or infringement of copyright. The criminal remedies applied should be sufficient to constitute a deterrent and be consistent with the penalties for the corresponding offences. Wto trips iv. Enforcement of intellectual property protection (iii) provisional measures and border measures special requirements 1. Provisional measures. Where circumstances so require, the judiciary may take appropriate interim measures, particularly where any delay may cause irreparable loss to the right-holder or where there is a risk that the evidence will be destroyed. Elements that must be in place for the measure to be taken: one is proven. The second is the temporary bond. The agreement limits the application of provisional measures: if an interim measure has been taken, the affected parties shall be notified of the measure without delay at the latest. Wto trips iv. Enforcement of intellectual property protection (iii) interim and border measures special requirements 2. Special requirements of border measures special requirements regarding border measures do not apply to customs unions. Under the terms of the agreement, customs also have certain responsibilities for the protection of intellectual property rights. The main manifestation of this responsibility is the power of customs to suspend the import of products suspected of violating intellectual property rights. In taking such measures, customs must have the following conditions: first, an application. Second, promise. Thirdly, measures. Fourth, duration。thank you
