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bers were required to establish an intellectual property rights system, and the minimum standards of protection were outlines in the TRIPs agreement. According to the agreement “Members shall give effect to the provisions of this Agreement. Members may, but shall be obliged to, implement in their law more extensive protection than required by this Agreement.”

Coverage of TRIPs

Copyrights and related rights

According to WIPO, copyright and related rights protect the rights of authors, performers, producers and broadcasters, and contribute to the cultural and economic development of nations. This protection fulfills a decisive role in articulating the contributions and rights of different stakeholders and the relation between them and the public.

Trademarks including service marks

According to WIPO, a trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.

Geographical indications and appellation of origin

According to WIPO, a geographical indication is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.

Industrial design

According to WIPO, an industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. To be protected under most national laws, an industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

Patents including protection of new variety of plants

According to WIPO, a patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.

The layout-designs of integrated circuits

Undisclosed information including trade secrets and test data.

According to WIPO, trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret.

Controversy over TRIPs

After 1995, it became increasingly apparent that some countries such as those in the African Group that most of the provisions of the Agreement were suited to the interests of big corporations as opposed to the development of the social and development needs of poorer countries.

For instance, there were many protests pertaining to, for ex, Angola’s inability to purchase patented drugs when it was at its peak of population suffering from diseases. Thus WTO came with the implementation of the Compulsory Licensing which allowed the production and use of generic medicines anywhere without the permission of the patent holder.

Compulsory licensing was allowed under Article 31 (b) of the TRIPs which stipulates that, “This requirement [patent r