Intellectual Property Rights Though the Lens of the Agreement on Trade-Related Aspects of Intellectual Property Rights, Concluded in Marrakesh

ABSTRACT. Creations protected by rights within the property. as the other creations, are protected under the comprehensive name of intellectual as products of human creative activity, the result of thought, knowledge, and rational activity, the result of the human capacity to devise and grasp concepts, to work with abstract concepts.Keywords: rights, property, industrial property1. IntroductionDuring its existence, the individual, with an innovative nature, sought new solutions to make life easier, to obtain and prepare food easier, to manufacture and protect the assets acquired. Thus, the spirit of private has appeared.1 From protecting assets to protecting human mind creations, there was a single step favored by the creation of a suitable legislation in this field.2. Intellectual rightsIntellectual rights, provided for in international legal regulations, are also mentioned in the Agreement on Trade-Related Aspects of Intellectual Property Rights, signed in Marrakesh, on April 15th, 1994, known as TRIPS, where, in article 1, section 2, it provides that, for the purposes of this Agreement, the term intellectual property refers to all the categories of covered by sections 1-7 of Part ? (Rules relating to the existence, scope and exercise of rights) of the Agreement, namely:1. Section 1. Copyright and neighboring rights;2. Section 2. Brand or trademarks;3. Section 3. Geographical indications;4. Section 4. Designs and industrial models;5. Section 5. Patents;6. Section 6. Configuration schemes, (topographies) of integrated circuits;7. Section 7. Protection of undisclosed information.Unlike the intellectual where both formal and substance creations are protected, in property there are protected those formal creations that are applicable in the industry and that are designated under the name of utilitarian creations. To these creations, the customary law (the Paris Convention of 20th March 1883 for protection of industrial and the Stockholm Convention establishing the World Intellectual Property Organization) added the trademarks, the geographical indications and the trade designations and the protection against unfair when specifying the object of protection, and, by the TRIPS Agreement, the object of protection was completed by adding the protection of undisclosed information.2The regime of distinctive signs is different from actual creations, as noted above, and the action for unfair competition, as infringement proceedings, does not represent rights, but means for defending these rights.3 As an institution of law, the unfair competition has multidisciplinary virtues, with strong links with civil and criminal law (through their sanctions), with administrative law (because the application of rules is related to administrative bodies), with the commercial law, in general, and with that of companies, in particular (the competition rules constitute constraints in pursuit of economic activities), with consumer law (which is required to protect it), but also with industrial property.3. Main issues concerning rights related to trade (TRIPS)The Agreement is built on the scaffolding of international conventions on and incorporates most of their provisions4. It also provides the possibility for member States to ensure a greater protection than the one required by TRIPS (under other international conventions, as long as they are not contrary to the provisions of TRIPS).The most important provisions of the Agreement can be grouped into the following five groups:- Basic principles and general obligations;- Minimum standards of protection, including protection and control during anti-competitive practices in contractual dismissals;- Practices that restrict trade;- Enforcement of (decisions of courts, actions of customs authorities etc. …