The Agreement on trade aspects of intellectual property rights (TRIPS) is an international agreement between all member states of the World Trade Organization (WTO). It establishes minimum standards for the regulation of different forms of intellectual property (IP) by national governments, as applied to nationals of other WTO member countries. [3] TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is managed by the WTO. The TRIPS Agreement is an agreement on minimum standards that allows members to guarantee, if they so wish, broader protection of intellectual property. Members are free to determine the appropriate method for implementing the provisions of the Agreement in their own legal and practical order. Three main features of the TRIPS Agreement are discussed below: the Agreement essentially introduced the global minimum standards for the protection and enforcement of almost all forms of IPR (IPR), but unfortunately, the global minimum patent standards have not been set. Like the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS), the TRIPS Agreement was based on fundamental principles. And, as in the other two agreements, non-discrimination is at the forefront: national treatment (treatment of foreigners no less favourable than its own nationals) and most-favoured-nation treatment (no discrimination against nationals of trading partners). Inf├Ątisation is also a key principle in other intellectual property agreements outside the WTO. TRIPS conditions that impose more standards beyond TRIPS were also discussed. [38] These free trade agreements contain conditions that limit the ability of governments to create competition for generic drug manufacturers. In particular, the United States has been criticized for encouraging protection far beyond the standards imposed by TRIPS.

U.S. free trade agreements with Australia, Morocco, and Bahrain have extended patentability by requiring patents to be available for new uses of known products. [39] The TRIPS Agreement allows for the issuance of compulsory licences at the discretion of a country. The more ad hoc conditions provided for in the free trade agreements between the United States and Australia, Jordan, Singapore and Vietnam have limited the application of compulsory licenses to emergency situations, antitrust measures and cases of non-commercial public use. [39] While the WTO agreements entered into force on 1 January 1995, the TRIPS Agreement granted certain transitional periods to WTO members before they were required to apply all of its provisions. Members of industrialized countries have been given one year to ensure that their laws and practices are in line with the TRIPS Agreement. Developing countries and countries with economies in transition (under certain conditions) were granted a period of five years, until the year 2000. The least developed countries were initially 11 years old, until 2006, and generally until 1 July 2021. Some areas are not covered by these agreements. In some cases, the standards of protection imposed were found to be insufficient.

The TRIPS Agreement thus considerably complements existing international standards. Part II of the TRIPS Agreement deals with different types of intellectual property rights and how to protect them. The aim is to ensure the existence of minimum standards of protection in all WTO members. . . .