Patents, commercial designs, integrated circuit diagrams, geographical indications and trademarks must be registered for protection. The recording contains a description of what is protected by the invention, design, brand name, logo, etc., and this description is public information. While the WTO agreements came into force on 1 January 1995, the TRIPS agreement granted WTO members certain transitional periods before they were required to implement all their provisions. Members of developed countries were given one year to ensure that their laws and practices complied with the TRIPS Agreement. Members of developing countries and, under certain conditions, the transitional economy enjoyed a five-year period until the year 2000. The least developed countries were first 11 years old, until 2006 – now they are generally extended until July 1, 2021. The idea of trade and what makes trade valuable to companies has developed beyond the simple cross-border shipment of goods. Innovation, creativity and branding are an important part of the value that changes ownership in international trade. How to increase this value and facilitate the cross-border flow of knowledge-rich goods and services has become an integrated reflection in the area of development policy and trade policy. The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain.
The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. Section 26.1 requires members to grant the holder of a protected commercial design the right to prevent third parties from not having the owner`s consent, from manufacturing, selling or importing objects bearing or embodying a design that is a copy or, in essence, a copy of the protected design when such acts are committed for commercial purposes. Article 7 (Principles) and Article 8 (Goals) are at the forefront of the text of the WTO`s ON-TRIPS agreement, but have been sparsely illustrated in the statement of the dispute resolution body`s (DSB) reasons. This disparity is further accentuated by taking into account three key factors. First, the pioneering step of trips negotiators, which involves including comprehensive statements of intent in the operational text. Second, the strengthening of these provisions in the Doha DECLARATION on TRIPS and Public Health in 2001. Finally, the literal transposition of these provisions into other international ip instruments, including the Trans-Pacific Partnership, the anti-counterfeiting trade agreement and WIPO`s development agenda. Taken together, these factors require a more in-depth analysis of the importance and application of Sections 7 and 8.