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Canada and the TRIPS Agreement: How Global IP Rules Enable Use Without Royalties

Introduction The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), established under the World Trade Organization (WTO) in 1995, was designed to create a common framework for intellectual property (IP) protections across member states. Canada, as a WTO member, adopted TRIPS and adjusted its laws to align with its provisions. While the goal was to ensure balanced protection and enforcement of IP rights globally, Canada's experience has revealed some unintended consequences—namely, that the country’s innovations and creative assets are sometimes used abroad without adequate compensation in the form of royalties. What Is the TRIPS Agreement? TRIPS sets minimum standards for IP protection and enforcement in areas such as patents, copyrights, trademarks, and trade secrets. All WTO members must implement these standards, but the agreement allows significant flexibility in how they are applied, especially for developing nations. Canada’s Compliance and Its Genero...