Document Type : Original Article
Authors
1 allame tabatabaei univesrsity
2 PHD candidate (oil and gas law) at U.T
Abstract
International intellectual property rules are made over time and through confrontation and interaction between developed and developing countries in the form of bilateral and multilateral treaties. After Second World War and with the beginning of the independence movement of developing and less developed countries, the intellectual property rule making has been done through a cycle consist of unilateral, bilateral, collective and multilateral actions. This is a staircase process: Each of these actions is a prelude for the next step and developed countries, through unilateral economic pressures, at first forced developing countries to participate in intellectual property based bilateral negotiations, and then persuaded them to accept TRIPs. Afterwards due to developed countries dissatisfaction regarding TRIPs standards and by imposing unilateral pressure on developing countries, they committed to TRIPs-plus rules and standards in bilateral and collective commercial negotiations. Although some believe that after TRIPs, intellectual property rule making process may lead to multilateral measurements impediments, but considering the most favored nation treatment principle function, it is expected that with increase in the number of bilateral and collective agreements, TRIPs-plus standards will become an important part of international intellectual property. Therefore required provisions for raising the level of negotiations to multilateral negotiations in the forum of World Trade Organization or World Intellectual Property Organization and finally creating new TRIPs will be provided. In this situation and in order to protect the interests of the country in the best way, it is necessary for Iranian commercial negotiators to participate intellectual property negotiations intelligently and awared of the Country's development level and developed countries' goals.
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