Convergence of Intellectual Property Rights and the Establishment of “hybrid” Protection under Trips

Intellectual Property rights are valuable trading assets in regional and global economic regulation debates, and in particular in World Trade Organisation negotiations. Since the TRIPs agreement merely refers to a limited number of Intellectual Property categories, the scope of obligations in relation to the national and most favoured nation treatment principles is increasingly obscured. The restriction to the salient categories allows, apparently, for an unlimited inclusion of national or regional “sui generis” or hybrid property titles which, if coupled with reciprocity clauses, present a welcome opportunity to strengthen national positions and gain advantages in global competition. The situation is complicated in that national courts will not grant protection for distinct or hybrid subject matter even under complimentary unfair competition actions. The existence of bespoke property protection will thus render third country nationals without protection.