Protection Of Intellectual Property Agreement

Article 35 of the TRIPS agreement obliges Member States to protect the design of integrated circuits in accordance with the provisions of the IPIC Treaty (Intellectual Property Treaty, taking into account integrated circuits) negotiated in 1989 under the aegis of WIPO. These provisions include definitions of the integrated circuit and layout design (topography), protection requirements, exclusive rights and restrictions, and use, registration and disclosure. An integrated circuit refers to a product in its final form or an intermediate form in which the elements, of which at least one is an active element, and some or all connections are formed in full in and/or on a piece of material and must perform an electronic function. A layout design (topography) is defined as the three-dimensional layout, in terms or not, of elements of which at least one is an active element, and by some or all connections of an integrated circuit or a three-dimensional layout prepared for an integrated production circuit. The obligation to protect layout designs applies to layout designs that are original in the sense that they are the result of the intellectual efforts of their creators and are not commonplace for layout designers and integrated circuit manufacturers at the time of their creation. Exclusive rights include the right to reproduce and the right to import, sell and distribute for commercial purposes. There are restrictions on these rights. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. The ON TRIPS agreement requires Member States not only to protect the design of integrated circuits in accordance with the provisions of the IPIC Treaty, but also to clarify and/or build four points. These points relate to the duration of protection (10 years instead of eight, Article 38), the applicability of protection to articles that violate integrated circuits (last sub-clause of Article 36) and the treatment of innocent offenders (Article 37.1). The terms of the ADPIC agreement in Article 31 apply mutatis mutandis to the compulsory or non-compulsory granting of a layout licence or to its use by or for the government without the authorisation of the right holder instead of the provisions of the IPIC compulsory licensing contract (Article 37.2). In addition, the agreement provides for certain fundamental principles, such as the treatment of the most favoured national and state states, as well as certain general rules, to ensure that procedural difficulties encountered in acquiring or maintaining the gains and others do not destroy the material benefits that the agreement should have.

The obligations under the agreement also apply to all Member States, but developing countries have a longer period of time to include them. Specific transitional provisions apply in a situation where a developing country currently offers no patent protection for products in the field of medicines. Article 23 provides that interested parties must have the legal means to prevent the use of a geographical indication from which wines originate for wines of origin not indicated in the geographical indication. This also applies when the public is not misled, there is no unfair competition, the true origin of the goods is indicated, or the geographical indication is accompanied by expressions such as nature, type, style, counterfeiting or other.