Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. After the Uruguay Round, THE GATT became the basis for the creation of the World Trade Organization. Since ratification of TRIPS is a precondition for membership of the World Trade Organization, any country seeking difficult access to the World Trade Organization`s many international markets must adopt the strict intellectual property laws imposed by TRIPS. This is why TRIPS is the main multilateral instrument for the globalization of intellectual property laws. Countries such as Russia and China[5], which were very unlikely to see the Berne Convention, saw the prospect of WTO membership as a great temptation. In addition to the basic intellectual property standards set out in the TRIPS agreement, many nations have committed to bilateral agreements to adopt a higher level of protection. This collection of standards, known as TRIPS or TRIPS-Plus, can take many forms. [20] Among the general objectives of these agreements are: at the WTO Ministerial Conference in Doha in 2001, the least developed countries still have 10 years to implement the TRIPS patent provisions and the “undisclosed information” provisions for medicines. In July 2002, the WTO General Council agreed to waive the obligations of least developed countries for exclusive drug marketing rights by 1 January 2016. The TRIPS agreement was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) from 1986 to 1994. Its reception was the culmination of an intensive lobbying program by the United States, supported by the European Union, Japan and other developed nations. Campaigns of unilateral economic support under the system of generalized preferences and the constraint under Section 301 of the Trade Act have played an important role in combating competing political positions favoured by developing countries such as Brazil, but also Thailand, India and the Caribbean basin countries.

The U.S. strategy to link trade policy to intellectual property standards can be attributed to the entrepreneurial spirit of Pfizer executives in the early 1980s, who mobilized companies in the United States and made maximizing intellectual property privileges the top priority of U.S. trade policy (Braithwaite and Drahos, 2000, Chapter 7). The Agreement on Trade-Related Intellectual Property Rights (TRIPS) came into force in 1995 as part of the World Trade Organization (WTO) agreement. TRIPS integrates and builds on the latest versions of primary IP agreements managed by the World Intellectual Property Organization (WIPO), the Paris Convention on the Protection of Industrial Property and the Bern Convention on the Protection of Literary and Artistic Works. With regard to the protection of intellectual property, all benefits, benefits, privileges or immunities granted by one member to nationals of another country are granted without delay and without conditions to the nationals of all other members. All benefits, benefits, privileges or immunities granted by a member are exempt from this obligation: Articles 3 and 4 obligations do not apply to procedures under multilateral agreements under WIPO`s aegis for the acquisition or maintenance of intellectual property rights.