The Trips Agreement Includes Copyright Protection For Computer Programs

The TRIPS agreement requires that undisclosed information — trade secrets or know-how — be protected. Article 39.2 stipulates that protection must apply to secret information of commercial value because it is secret and has been appropriately measures for secret work. The agreement does not require that undisclosed information be treated as a form of ownership, but it does require that a person who lawfully controls that information have the opportunity to prevent disclosure, purchase or use by others in a manner contrary to honest business practices. Contrary business practices include breach of contract, breach of trust and inducements of breach, as well as the acquisition of undisclosed information by third parties who knew or seriously knew that such practices were involved in the acquisition. The ON TRIPS agreement requires Member States not only to protect the design of integrated circuits in accordance with the provisions of the IPIC Treaty, but also to clarify and/or build four points. These points relate to the duration of protection (10 years instead of eight, Article 38), the applicability of protection to articles that violate integrated circuits (last sub-clause of Article 36) and the treatment of innocent offenders (Article 37.1). The terms of the ADPIC agreement in Article 31 apply mutatis mutandis to the compulsory or non-compulsory granting of a layout licence or to its use by or for the government without the authorisation of the right holder instead of the provisions of the IPIC compulsory licensing contract (Article 37.2). The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. Articles 3, 4 and 5 contain the basic rules on the treatment of foreigners by nationals and the most advantaged, which are common to all categories of intellectual property covered by the agreement. These obligations relate not only to standards of material protection, but also to issues relating to the availability, acquisition, scope, maintenance and application of intellectual property rights, as well as intellectual property issues that are explicitly mentioned in the agreement. While the national treatment clause prohibits discrimination between nationals of one member and nationals of other members, the most favoured nation clause prohibits discrimination between nationals of other members.