The WTO Law: The Trade Related Aspects of Intellectual Property Rights - Essay Example

This paper shall endeavour to reconcile the dissimilar views and make appropriate recommendations for more effective implementation by taking into consideration economic, social and legal dynamics involved. Intellectual property is referred to as an individual’s personality which is the sum product of his experiences, knowledge and intelligence. While an individual’s creation is a tangible manifestation of his talent, skills and personality formed by his hands or words attributable and unique to the individual.

The identity of an individual is defined by his experiences, knowledge and intelligence it is his personality, therefore the identity of an individual is also defined by his creation (WTO, 1995). Creations or any other tangible products which are original, unique and distinctive, either product of painstaking research, innovation or crafted by hand, are protected by governments and international entities from exploitation or misuse of others provided the creators or makers claim intellectual property rights over it (WTO, 1995).

Under the Universal Declaration of Human Rights, particularly Article 27 paragraph 2 thereof states that “everyone has the right to the protection of the moral and material interest resulting from any scientific, literary or artistic production of which he is the author” (UN, 1948). The same protection is likewise conferred under the World Trade Organization Intellectual property rights (WTO, 1995) to people over the creation of their intellect or minds. Creators are usually given exclusive right over the use of his/her creation for a certain period to enable him to exploit and use it for his personal gain.

The exclusion of others from profiting or benefitting from the use of original and distinctive creations is to allow the creator to financially enjoy the fruits of his labour that would ostensibly encourage and inspire him to create more (WTO, 1995).