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Intellectual Property Protection Minimum Standards



Intellectual Property Protection Minimum Standards
   



It is important of importance to note that the minimum rules or standards for intellectual property protection do not differ between developed and least developed countries. The general agreement on Tariff and Trade (GATT) and the World Trade Organization (WTO) recognize that developing and least developed countries are disadvantaged in international trade to the effect that the Special and Differential Treatment (SDT) arrangement as incorporated in the said agreements stands as a fundamental principle of the said two organizations. Again, under the earlier Paris Convention each country is obliged to provide intellectual property protection no worse that its own to other members of the Convention. By demanding a similar level of protection for all countries, the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement no longer permits countries to elect the level of intellectual property protection in line with the level of each country economic development The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement does not incorporate similar provisions. It is devoid of significant differences in the rules applicable to developing and least developed countries in contrast to developed countries. It is a type of an international agreement structured on the basis of ' one size fits all" as regards the minimum rules for intellectual property protection. Nonetheless, the timing of implementation of the rules differs as regards developing and least developed countries through provisions of longer transition periods.



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About the Author


Dr. Mohamed Ibrahim
(Visit Dr. Mohamed's Website)
Dr. Mohamed Ibrahim Mohamed Adam admitted to bar in 1976. Education. University of Khartoum, LL.B (hons) 1974; University of Aberdeen, United Kingdom PhD 1992 Commercial law. Dr. Adam brings a varied and very successful background to his legal practice. Prior to forming his own law firm, Dr. Adam served in the Sudan as a judge and legal counsel at the Attorney General Chambers. He also served as general counsel to a number of major domestic and multi-national companies in Saudi Arabia, including Alsalam Aircraft Company a joint venture between Boeing group and Saudi Airlines and other partners. Dr. Adam also acted as legal advisor for ISCOSA, a subsidiary of Siemens Westinghouse. He also served as legal counsel for Al Baraka Dallah Group, one of the major banking and investment institutions. Dr. Adam also acted as a general counsel for National Industrial Company (NIC) a joint stock company having international activities with about forty (40) subsidiaries. Dr. Adam also acted as consultant for leading Saudi law offices and is a member of the Sudanese Bar, the International Bar Association, the European Association of lawyers and other specialized legal organizations.
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