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. 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 for a mechanism by which a country intending to take action against such practices involving companies in 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 the applicant`s compliance with its confidentiality (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4). A directive on internet use gives employees rules and guidelines on the appropriate use of corporate equipment, access to the network and access to the Internet. Such a directive helps to protect both the company and the worker; The employee will be aware that browsing certain sites or downloading files is prohibited and that the directive must be complied with or that it could have serious consequences, which could reduce the risk to the safety of the company due to the negligence of the staff. The Internet Use Directive is an important document that must be signed by all employees at the start of the work. Below is an example of a directive on Internet use, which addresses the main contentious issues related to the use of the internet and the computer.
The directive can then be adapted to the requirements of each organisation. The general objectives of the ON TRIPS agreement are contained in the preamble to the agreement, which echoes the fundamental negotiating objectives of the Uruguay Round, set in the TRIPS zone by the 1986 Punta del Este Declaration and the 1988/89 mid-term review. These objectives include reducing distortions and barriers to international trade, promoting effective and adequate protection of intellectual property rights, and ensuring that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade. These objectives should be understood in conjunction with Article 7 Objectives, under which the protection and implementation of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual benefit of producers and users of technological knowledge, and in a way that promotes social and economic well-being, and to the balance of rights and obligations. Article 8, entitled “Principles,” recognizes the right of members to take action for public health and other public interest reasons and to prevent abuses of intellectual property rights, provided these measures are consistent with the provisions of the TRIPS agreement. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism.