the wto agreement on trade-related aspects of intellectual property rights (trips)
TRIPS Agreement
Copyright terms must extend at least 50 years , unless based on the life of the author . ( Art . 12 and 14 ) Copyright must be granted automatically , and not based upon any `` formality , '' such as registrations , as specified in the Berne Convention . ( Art . 9 ) Computer programs must be regarded as `` literary works '' under copyright law and receive the same terms of protection . National exceptions to copyright ( such as `` fair use '' in the United States ) are constrained by the Berne three - step test Patents must be granted for `` inventions '' in all `` fields of technology '' provided they meet all other patentability requirements ( although exceptions for certain public interests are allowed ( Art. 27.2 and 27.3 ) and must be enforceable for at least 20 years ( Art 33 ) . Exceptions to exclusive rights must be limited , provided that a normal exploitation of the work ( Art . 13 ) and normal exploitation of the patent ( Art 30 ) is not in conflict . No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed . Legitimate interests of third parties have to be taken into account by patent rights ( Art 30 ) . In each state , intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle of national treatment ( with certain limited exceptions , Art . 3 and 5 ) . TRIPS also has a most favored nation clause .
Copyright terms must extend at least 50 years , unless based on the life of the author . ( Art . 12 and 14 ) Copyright must be granted automatically , and not based upon any `` formality , '' such as registrations , as specified in the Berne Convention . ( Art . 9 ) Computer programs must be regarded as `` literary works '' under copyright law and receive the same terms of protection . National exceptions to copyright ( such as `` fair use '' in the United States ) are constrained by the Berne three - step test Patents must be granted for `` inventions '' in all `` fields of technology '' provided they meet all other patentability requirements ( although exceptions for certain public interests are allowed ( Art. 27.2 and 27.3 ) and must be enforceable for at least 20 years ( Art 33 ) . Exceptions to exclusive rights must be limited , provided that a normal exploitation of the work ( Art . 13 ) and normal exploitation of the patent ( Art 30 ) is not in conflict . No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed . Legitimate interests of third parties have to be taken into account by patent rights ( Art 30 ) . In each state , intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle of national treatment ( with certain limited exceptions , Art . 3 and 5 ) . TRIPS also has a most favored nation clause .