眾律國際法律事務所

眾律國際法律事務所 專利工程師暨法務專員林春宏

美國柏克萊加州大學 分子生物學士

美國柏克萊加州大學 資訊管理 碩士

加拿大英屬哥倫比亞大學 法律博士

2012-12-11

World Trade Organization (WTO) : Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

The World Trade Organization (WTO) administers the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which is an international agreement that sets the standards for intellectual property protection among WTO members. Taiwan (Chinese Taipei) became a member of the World Trade Organization on January 1, 2002. WTO members must ensure that their national laws satisfy the requirements specified by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), including the protection and enforcement of copyright, trademarks, patents, industrial designs, geographical indications, etc.

According to PART II “Standards Concerning the Availability, Scope and Use of Intellectual Property Rights” of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), WTO members must meet the following standards of protection. For example, Article 12 regarding copyright stipulates: “Whenever the term of protection of a work, other than a photographic work or a work of applied art, is calculated on a basis other than the life of a natural person, such term shall be no less than 50 years from the end of the calendar year of authorized publication, or, failing such authorized publication within 50 years from the making of the work...”

In addition, Article 33 sets the term of protection for patents at a minimum of 20 years from the filing date. Article 28 requires that “A patent shall confer on its owner the following exclusive rights: (a) where the subject matter of a patent is a product, to prevent third parties not having the owner's consent from the acts of: making, using, offering for sale, selling, or importing... that product; (b) where the subject matter of a patent is a process, to prevent third parties not having the owner's consent from the act of using the process, and from the acts of: using, offering for sale, selling, or importing... the product obtained directly by that process.” Article 26 specifies that the duration of protection for industrial design must be at least 10 years.

References:

World Trade Organization (WTO)

http://www.wto.org/english/thewto_e/countries_e/chinese_taipei_e.htm

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

http://www.wto.org/english/tratop_e/trips_e/t_agm3_e.htm