One agreement of the World Trade Organization (WTO) that contains the provisions of intellectual property is the Agreement on Trade-Related Intellectual Property Rights (TRIPS) which is contained in Annexure IC of WTO.

TRIPS Agreement regulates a variety of intellectual property rights like Copyright, Patents, Trademarks, Geographical Indications, Industrial Designs, and Trade Secrets- this is the substantive provision. Additionally, TRIPS Agreement also specifies the enforcement measures, effective dispute settlement mechanism, and transitional arrangements for the WTO. The TRIPS Agreement contains 75 articles distributed into 7 parts.

The TRIPS Agreement protects and enforces intellectual property rights by bringing them under the ambit of common international rules. The TRIPS Agreement lays down the minimum level of protection of intellectual property whatever may be the country of its origin, which each country has bound itself to honor.

Objects of TRIPs:

The Preamble of TRIPS Agreement and Article 7 of Part I of the agreement lays down the objectives of TRIPs. The TRIPs Agreement has the following objects:

• Reducing distortions and impediments to international trade by concerning the need to promote effective and adequate protection of IPR.
• Ensuring procedures and measures to enforce the intellectual property rights
• Protecting and enforcing intellectual property rights to promote the technological innovation dissemination of technology.
• Establishing a mutually supportive relationship between WTO and other relevant international organizations.

Basic principles of TRIPs:

Article 1 to 8 of Part I contains the basic principles of the TRIPs Agreement, which are as follows:

1. Member states to determine their legal system to give effect to the TRIPs Agreement provisions.
2. Various categories of intellectual property.
3. Irrespective of other intellectual property conventions, no derogation from existing obligations.
4. To the nationals of other member states giving equal treatment.
5. To all members giving the Most-favoured Nation Treatment.
6. No exhaustion of intellectual property rights.
7. Protecting and enforcing intellectual property laws to the mutual advantage of the producers and users of the intellectual property.
8. Protecting the public health, nutrition, and public interest.

Out of all the 8 basic principles, the principle 4 and 5 forms the bedrock of both TRIPs and WTO Agreement.

The Principle of National Treatment:

This principle guarantees the nationals of all member nations the right to equal treatment inter se. Article 3 of Part I of the TRIPs Agreement obligates a member nation to provide the nationals of other member nations the same level of protection as it has provided to its nationals concerning the intellectual property. However, there are certain exceptions to it:

• The basic principle of equal treatment of TRIPs Agreement is subject to exceptions stated in Paragraph 1 of Article 3 which is the Paris Convention (1967), the Berne Convention (1971), the Rome Convention, or the Treaty on Intellectual Property regarding Integrated Circuits.
• Obligations under Article 3 of the TRIPs Agreement do not apply to those procedures which are provided in multilateral agreements concluded under the auspices of WIPO which relates to the maintenance of intellectual property rights as per Article 5 of the TRIPs Agreement.

The Principle of Most Favoured Nation:

This principle as per Article 4 of Part 1 of the TRIPs Agreement provides that any advantage, privilege, or immunity granted by a member state to the national of any other country whether a member or not, shall be accorded immediately and unconditionally to the nationals of all other members but with certain exemptions. This clause promotes non-discrimination among countries, they also tend to promote the objectives of free trade in general.

The exemptions are any advantage, privilege, favor, or immunity accorded by a member:

• Which is derived from an international agreement on judicial assistance.
• Which is granted under the Berne Convention or the Rome Convention.
• In respect of rights of performers not provided under this Agreement etc.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.