At the time of the negotiations, developing countries strongly opposed TRIPS because they saw it as a breach of their flexibility to develop copyright laws and patents that best match their economies and cultures. Even today, a temporary moratorium applies to least developed countries on the requirement to meet TRIPS standards until 2021. But ironically, because of the few crucial flexibilities that developing countries have gained during these negotiations, they are now often complying with TRIPS standards to resist the pressure to de-inscirle an even higher level of copyright and obtain patent protection. Intellectual property trade, commonly known as TRIPS, is a multilateral agreement within the framework of the World Trade Organization (WTO) that came into force in 1994. This was the first such agreement that treated intellectual property rights, particularly copyright and patents, as a global trade issue, with the theory that one country`s inability to protect another`s intellectual property creates an obstacle to trade between these countries. However, the definition of intellectual property as a trade issue was inspired by access to established WTO enforcement mechanisms, which can authorize the application of trade sanctions against countries that do not meet agreed standards. The TRIPS agreement contains, in reference to the provisions of the Berne Convention on the Protection of Literary and Artistic Works (Art. 9), with the exception of moral rights. It has also incorporated, referring to the material provisions of the Paris Convention on the Protection of Industrial Property (Article 2.1). The TRIPS agreement explicitly states that software and databases are copyrighted and subject to the originality requirement (Article 10).
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. While this means that there will be no new version of TRIPS in the near future, this remains an important contract for at least three reasons: the fact that so many countries have signed it (158 from 2014), that it is the most important “stick” for the application of copyright and patent standards against these countries, and that it is the main obstacle to the reassessment of these standards – such as the minimum durability period “life over 50 years”. In addition, there are a handful of outstanding issues that are regularly submitted to the TRIPS Council for consideration, in particular “non-counterfeiting complaints”: whether TRIPS disputes over the loss of an expected benefit should be admitted, even if the letter of the TRIPS AGREEMENT has not been effectively violated. Article 10 of the agreement states that “1. Computer programs, whether in the source code or in the object code, must be protected as literary works under the Berne Convention (1971). (2) The compilation of data or any other material, whether machine-readable or in any other form, constituting spiritual creations because of the choice or disposition of their content, must be protected as such.