The Agreement on Trade-Related Aspects of Intellectual Property Rights, including Trade in Counterfeit Goods (TRIPS), consists of three parts. Part I contains general provisions and basic principles, in particular an obligation to respect that nationals of other Members must be treated no less favourably than that accorded to a Member`s own nationals with respect to the protection of intellectual property. It also contains a most-favoured-nation clause, a novelty in an international intellectual property agreement, according to which any advantage granted by a Member to nationals of another country must be immediately and unconditionally extended to nationals of all other Members, even if such treatment is more favourable than that which it accords to its own nationals. The cornerstone of the agreements on trade in goods is the GATT 1994, an updated version of the GATT 1947, supplemented by agreements on the interpretation of various provisions. In addition, there are agreements on practices that relate to GATT rules (trade-related investment measures and “grey area” measures), agreements on trade liberalization in the agriculture, textiles and clothing sectors, and agreements on the application of non-tariff measures (see Box 1). While agricultural products, textiles and clothing are generally covered by GATT rules, in the past the rules have been less effective than for other products. With regard to agriculture, the main outcomes of the negotiations are improved market access by removing barriers and broadening the scope of linkages, phasing out trade-distorting domestic support measures and reducing subsidies to promote export competition. This process will create the conditions for future negotiations on market opening. In the case of textiles and clothing, the removal of restrictions and the withdrawal of the Multifibre Arrangement over a period of ten years will mean that an important export sector for many developing countries will be entirely within the disciplines of multilateral trading systems.
1. The WTO shall establish the common institutional framework for the implementation of trade relations between its Members with regard to the agreements and related legal instruments set out in the Annexes to this Agreement. 3. The agreements and related legal instruments listed in Annex 4 (hereinafter referred to as “plurilateral trade agreements”) are also among the Members that have adopted and are binding on them. Plurilateral trade agreements do not create obligations or rights for members who have not accepted them. 5. There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “TRIPS COUNCIL”), operating under the general direction of the General Council. The Council for Trade in Goods oversees the operation of the multilateral trade agreements set out in Annex 1A. The Council for Trade in Services monitors the operation of the General Agreement on Trade in Services (hereinafter referred to as “GATS”). The TRIPS Council monitors the operation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “TRIPS Agreement”). These Councils carried out the tasks entrusted to them by their respective agreements and by the General Council.
They shall adopt their rules of procedure subject to the approval of the General Council. Membership in these councils is open to representatives of all members. Such advice shall be necessary for the performance of its functions. The World Trade Organization (WTO) is a single institutional framework that includes GATT and all the agreements and legal instruments negotiated in the Uruguay Round: the General Agreement on Tariffs and Trade, or GATT 1994, and other agreements on trade in goods; the General Agreement on Trade in Services (GATS); the Agreement on Trade-Related Aspects of Intellectual Property Protection (TRIPS); the Dispute Settlement Agreement (DSU); and the Trade Policy Review Mechanism (MRPP). .