Aspects of the intellectual property laws which touch with the trade

The Accord on the aspects of the intellectual property laws which touch with the trade or Accord on the ADPIC was concluded between OMPI and OMC at the end from the Cycle from Uruguay in 1994. The purpose of it is to integrate the rights of Intellectual property ( Royalty, mark S of factory or trade, Brevet S, etc) in the system OMC. This agreement applies the principles of the commercial system to the rights of Intellectual property.

It came into effect on January 1st 1995. It envisages a Coopération in three principal fields:

• notification and translation of the Law S and regulations, and access to these texts;
• application of the procedures intended to protect the national symbols;
• and technical Assistance.

The agreement relates to five great questions:

• How the basic principles of the commercial system and other international agreements on the Intellectual property should be applied?
• How to ensure the adequate protection of the Right S of Intellectual property?
• Comment the countries should make respect these Droit S in a suitable way on their Territoire?
• How to settle the disagreements on the Intellectual property between the members of OMC?
• Which special transitory arrangements should be applied for the period of installation of the new system?

This agreement already was the several controversy object, with the row of which one can quote the prohibition which is made with the Developing country manufacture generic medicines against the AIDS at a cost accessible to their Population S, the software patents and the Brevetage of alive the. He is currently confronted with a true crisis of legitimacy, because he seems more and more an instrument of Protectionnisme being used to support the Monopole S industrialists on the Technologie S, the seed S, the Gène S and the Médicament S. That pushed the countries of the South to be linked to assert an in-depth renegotiation of this agreement, and in the absence of positive response on behalf of the industrialized countries, they refused any continuation of the negotiations in Cancun in September 2003, causing the failure of the top of OMC.

See also

• Convention on the European patent (CBE)

• OMPI, OEB, INPI