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Transitional Arrangements

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Chapter Summary

During the negotiations of the TRIPS Agreement which were basically led by the interests of industrialized countries, it was clear to all that most of the developing countries would need a transitional period in which to adapt to the high standards and new rules on the protection of intellectual property, in particular with regard to their implementation. Therefore, Art. 65 provides for acceptable transitional periods in dependence on the differing Member groups and sectors of regulation. Pursuant to Art. 65.1, the general transitional period was to expire on 1 January 1996. That meant that Members had by then to implement into their national laws the principles of national treatment, most-favoured nation treatment, and compliance with other multilateral agreements under the auspices of the WIPO. In this regard the TRIPS Agreement distinguishes between the implementation of fundamental principles and other principles, and their respective implementation.

Keywords: intellectual property; multilateral agreement; national laws; national treatment; transitional period; TRIPS agreement; WIPO



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