As in the main existing intellectual property conventions, the fundamental obligation of each Member State is to grant people in other Member States the treatment of intellectual property protection under the Convention. Section 1.3 specifies who these people are. These persons are referred to as nationals, but include individuals or legal entities who have close ties to other members without necessarily being nationals. The criteria for determining who should therefore benefit from the treatment provided by the agreement are the criteria established for this purpose in WIPO`s major ip agreements, which naturally apply to all WTO members, whether or not they are parties to those agreements. These conventions are the Paris Convention, the Bern Convention, the International Convention for the Protection of Performers, the producers of phonograms and broadcasters (Rome Convention) and the Treaty on Intellectual Property in respect of integrated circuits (IPIC Treaty). The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain. The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. World Intellectual Property Organization (WIPO) website, which contains legal texts of all relevant conventions.
Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3).