Does the TRIPS Agreement require all members rules on protection of intellectual property to be identical?
No, the TRIPS Agreement requires members to comply with certain minimum standards for the protection of intellectual property right covered in it. But Members may choose to implement laws, which give more extensive protection than is required in the agreement, so long as the additional protection does not contravene the provisions of the agreement. This is why the TRIPS Agreement is sometimes described as a “minimum standards” agreement. In addition, the agreement gives members the freedom to determine the appropriate method of implementing the provisions of the agreement within their own legal system and practice. The agreement thus takes into account the diversity of members, legal frameworks (for instance between common law and civil law traditions) for harmonization of the Acts of different Member State .
Related Questions
- What lifestyle rules does the community require its members to abide by, i.e., stuff like smoking, drug use, firearms, sexual activity, diet -- vegetarian, omnivore -- pets, etc.?
- Are The Competition Rules In The Wto Trips Agreement Adequate?
- What are the rules of conduct for band members during trips?
