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Nature And Scope Of Obligations

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Chapter Summary

Art. 1 specifies the legal nature and the scope of regulation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Art. 1.1, sentences address the World Trade Order (WTO) Members' and thus TRIPS Members' obligation under public international law to adhere to the provisions of the Agreement and implement them in to their national legal systems. Art. 1.2 merely refers to the types of intellectual property regulated through the Agreement itself. The points of attachment, i.e. the question what is protected by the TRIPS Agreement, are regulated in Art. 1.3. The Treaty on Intellectual Property in respect of Integrated Circuits (IPIC Treaty) is, in part, incorporated into the TRIPS Agreement. It provides that natural persons who are nationals of, or are domiciled in the territory of any of the other Contracting Parties be protected. Under Art. 5.1.

Keywords: intellectual property; IPIC Treaty; legal nature; scope of regulation; TRIPS Agreement; World Trade Order (WTO) Members



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