Оправданост закључивања TRIPS-плус споразума
Justification for Conclusion on TRIPS-plus Agreement

Author(s): Njegoslav Jović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: TRIPS; TRIPS-plus agreements; Intellectual property protection; Bilateral agreements;
Summary/Abstract: The adoption of TRIPS within the WTO and not within WIPO was not accidental and is the result of the most developed countries assessment that TRIPS could not be adopted within WIPO due to the decision-making and opposition procedures of underdeveloped and developing countries. TRIPS prescribes minimum rights for the protection of all branches of intellectual property, referring to the existing conventions which regulate intellectual property, and regulate certain rights itself. Developed countries have especially insisted on the adoption of the TRIPS and its mandatory acceptance by all countries as a condition for WTO membership. With the adoption of TRIPS, developed countries have forced underdeveloped and developing countries to raise the level of intellectual property protection in their legislation. However, this multilateral approach was not enough for developed countries, so they continued to put pressure by concluding bilateral agreements with clauses that provide for a higher degree of protection of intellectual property, the so-called TRIPS -plus agreements. The term is of a colloquial nature and does not appear in these agreements. Instead, the said agreements contain provisions on the protection of intellectual property within the trade agreement that are above the minimum standards provided by the TRIPS agreement. The subject of this research is to explore the justification for concluding TRIPS - plus agreements and their impact on the economies of underdeveloped and developing countries, knowing that the initiative for their conclusion comes from the US and EU member states.

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