On April 15, 1994, the “Agreement on the Trade-Related Aspects of Intellectual
Property Rights” (TRIPS) has been signed in Marrakech as part of the “Agreement
on the Establishment of the World Trade Organization” (WTO). Soon thereafter, on
January 1, 2015, the WTO entered into operation. Since the Max Planck Institute
for Innovation and Competition always took great academic interest in critically
analyzing, first the drafting process, and then the freshly created TRIPS Agreement,
1 we felt that after 20 years of existence of the Agreement, there were reasons
enough to take a fresh look at it.
Within the framework, which the WTO sets for the economic and legal regulation
of international trade relations, the TRIPS Agreement aims at comprehensively
ensuring the international protection of intellectual property by obliging all WTO
Members to provide for such adequate standards of protection as it defines in detail
with respect to the substance and the enforcement of the rights flowing from the
main categories of intellectual property. Over the last 20 years, the conditions have
changed fundamentally, however, which had been assumed determining the operation
of this international system of trade-related intellectual property rights. Due to
economic globalization, markets have largely expanded beyond national borders, if
not merged internationally. As a considerable number of once developing States
have emerged as global and frequently enough as “big” players, the political
weights have shifted geographically and the terms of international competition
have undergone quite some modification.