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与贸易有关的知识产权

在这篇文章中，我们将分析与贸易有关的知识产权协定（TRIPS），1994年世贸组织成员批准了马拉喀什的相关协议。
我们工作的目的是介绍该协议的主要特点和显着的变化，它给世界贸易组织成员的知识产权提出保护政策，特别注重签署国的成本和收益。

在20世纪后期的几十年中，知识产权的保护已成为国际经济关系的根本问题。

在20世纪80年代中期，一场争论开始了对世界贸易的需求，因为保护的程度和这些权利的执行因国家而变，许多发达国家的公司（尤其是美国的制药公司，如Machemedze的报告（2003））开始抱怨国际体系知识产权。
例如，许多发展中国家根据其对发达国家的模仿推出创新策略，所以他们并没有授予属于一些行业的产品专利，如医药行业，拒绝给它的开发支付版权费，然后出口产品到这些国家。

Trade Related Aspects Of Intellectual Property Rights Economics essay

In our essay we will analyze the agreement on trade-related aspects of intellectual property rights (TRIPs), approved in Marrakesh in 1994 by the members of the WTO.

The aim of our work is to present the main features of this agreement and the substantial changes that it has brought to the IPRs protection policies of WTO’s members, with a particular focus on the cost and benefits that it will grant to the countries which signed it.

INTRODUCTION

Since the last decades of 20th century the protection of intellectual property rights had become a fundamental issue in all international economic relation.

In the middle 1980s a debate started on the needs for the world commerce, since many developed countries’ company (US pharmaceutical firms in particular, as reported in Machemedze(2003)) were complaining about the international system of IPRs, because the extent of protection and enforcement of these rights were too variable from country to country.

For example many developing countries based their strategy on the imitation of innovation produced in developed countries, so they didn’t grant patents on products belonging to some industries, like pharmaceutical industry, denying royalty payments to the companies which developed and then exported these products in these countries. The US government conducted surveys on this problem, assessing that their top 200 companies were losing $24 billion per year due to such strategy of imitation of foreign inventions (Machemedze(2003)).

Through negotiations conducted from 1986 till 1994 during the Uruguay Round, the members of WTO reached finally an agreement and introduced intellectual property rules into the multilateral trading system for the first time.

TRIPs was finally approved as Annex 1C of the Agreement Establishing the World Trade Organization, signed in Marrakesh in 1994.

THE TRIPs AGREEMENT

This agreement is composed of seven parts, defining basic principles of the agreement, IPRs protection standards, their enforcement, and the institutional arrangements to handle and settle all the international dispute on IPRs (Annex 1C (1994)).

The objectives this agreement wishes to reach, through the harmonization of standards of protection and of procedure for settling disputes among all WTO’s members, are stated in Article 7 of Annex 1C (1994): “The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.”.

The key requirements of TRIPs agreement are listed in Table1, taken from Maskus(2000).

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