Agreement Regarding Intellectual Property Rights

The Committee shall monitor and review technological and legislative changes affecting intellectual property policy and report to the competent authorities of the faculty and administration when such changes have an impact on existing policies. TRIPS was negotiated in the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) from 1986 to 1994. Its inclusion was the culmination of an intensive lobbying program by the United States, supported by the European Union, Japan and other developed countries. Unilateral economic support campaigns under the Generalized System of Preferences and coercion under Section 301 of the Trade Act have played an important role in suppressing competing political positions favoured by developing countries such as Brazil, but also Thailand, India and the Caribbean Basin countries. The U.S. strategy to link trade policy to intellectual property standards can in turn be attributed to the entrepreneurial spirit of Pfizer`s management in the early 1980s, which mobilized companies in the United States and made the maximization of intellectual property privileges the top priority of U.S. trade policy (Braithwaite and Drahos, 2000, Chapter 7). Article 24 contains a number of exceptions to the protection of geographical indications. These derogations are of particular importance for the additional protection of geographical indications for wines and spirits. For example, Members are not required to protect a geographical indication if it has become a generic term to describe the product concerned (paragraph 6). Measures implementing these provisions shall not affect earlier trade mark rights acquired in good faith (paragraph 5).

In certain circumstances, the continued use of a geographical indication for wines or spirits may be permitted to an extent and a species as is currently the case (paragraph 4). Members making use of these derogations must be prepared to enter into negotiations with a view to their subsequent application to individual geographical indications (paragraph 1). Derogations may not be used to undermine the protection of geographical indications that pre-existed before the entry into force of the TRIPS Agreement (paragraph 3). The TRIPS Council continuously reviews the application of the provisions on the protection of geographical indications (paragraph 2). In accordance with Article 14.3, broadcasting organizations have the right to prohibit the unlawful rounding, reproduction of rounding and wireless relocation of broadcasts, as well as the public broadcasting of their television broadcasts. However, it is not necessary to grant such rights to broadcasting organizations where the holders of copyright in the object of shipments have the possibility to prevent such acts, subject to the provisions of the Berne Convention. An agreement that transfers the copyright of these works to a publishing house urges the authors of the faculty to grant the institution rights to use these works for internal teaching, educational and management purposes. Article 35 of the TRIPS Agreement obliges Member States to protect the interpretation of integrated circuits in accordance with the provisions of the IPIC Treaty (Intellectual Property and Integrated Circuits Treaty), negotiated under the auspices of WIPO in 1989. These provisions address, inter alia, definitions of the integrated circuit and layout design (topography), protection requirements, exclusive rights and restrictions, and valuation, registration and disclosure.

An integrated circuit means a product, in its final form or in intermediate form, in which the elements, of which at least one is an active element, and some or all of the connections in and/or on a piece of material, are entirely constituted and must perform an electronic function. A layout design (topography) is defined as the three-dimensional arrangement, however expressed, of the elements of which at least one is an active element, and of some or all of the assemblies of an integrated circuit or such a three-dimensional arrangement prepared for an integrated circuit intended for manufacture. . . .

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