Information concerning the flexibilities

The TRIPS Agreement established minimum standards of protection that each state has to grant to holders of intellectual property rights of other WTO members. However, the TRIPS Agreement incorporates certain "flexibilities" as regards the national approaches of copyright protection. These flexibilities aim to permit developing and least-developed countries to use TRIPS-compatible norms in a manner that enables them to pursue their own public policies, either in specific fields, such as access to pharmaceutical products, or more generally, in establishing the institutional framework that contributes to their economic development.

The WIPO Secretariat, along with Member States, has identified four clusters of flexibilities:

1. Flexibilities as to the method of implementing TRIPS obligations

The text of the Trips Agreement includes certain broad terms that are not specifically defined, such as “novelty” or “inventiveness”. The member states can specify the meaning of those broad terms according to their discretion when they implement the TRIPs agreement into national law.

2. Flexibilities as to substantive standards of protection

The TRIPs Agreement contains in certain cases clauses that permit for the member states to provide a higher or a shorter degree of protection in their national legislation.

3. Flexibilities as to mechanisms of enforcement

The TRIPs agreement defines the mechanisms that member states have to adopt for the enforcement of copyright and obliges them not to adopt stricter measures than the ones established within the agreement. Thus, it grants the flexibility to Member states to resort to their own legal system and practices.

4. Flexibilities as to areas not-covered by the TRIPS Agreement

The TRIPs agreement hasn’t regulated all possible areas related to intellectual property rights. Areas such as utility models, traditional knowledge and handicrafts are not covered by the agreement. Member states can legislate as regards these areas without taking into any consideration the principles and regulations of the TRIPs agreement.