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L'évolution du droit de propriété intellectuelle en Tunisie suite à son adhésion à l'OMC et la signature de l'accord ADPIC

Abstract : The TRIPS agreement has been accepted by Tunisia as a necessary evil in order to obtain commercial benefits in sectors of great interest. It was also considered well thought out because it provided a transition period for developing countries to adapt their systems to this comprehensive instrument and establish a minimum standard that could apply to all countries and link IPR to trade. Tunisia is an interesting case of analysis, especially in comparison with other countries maintaining an attitude of rejection towards the traditional treaties of IP. Our country has been a member of the Paris and Berne Conventions for more than a century. It was, of course, the right student who harmonized by developing a new culture of IP protection in accordance with the new international system. The reason is that IP is designed to be, in the new cognitive economy, an important tool in international competitiveness. It is also an instrument for attracting FDI. At the same time, and as stipulated in TRIPS, IP would be an essential component in promoting innovation and ease of technology transfer. But this pattern of harmonization on the basis of so-called minimum standards has not satisfied the enthusiasm of the industrialized countries that have embarked on the conclusion of bilateral trade agreements beyond TRIPS. Our objective is therefore to analyze these assumptions and try to explain what has happened since the TRIPS agreement. The question is whether, in doing so, the country has succeeded in establishing this link between the trade considerations required by TRIPS and the internal concerns related to health, agriculture, cultural diversity and environment. Twenty-three years later, has the country benefited from the alignment of its IP regime with the TRIPS Agreement? One of the stated objectives of TRIPS was the spread of knowledge and thereby the improvement of R & D capabilities. However, very little progress has been made, and it seems that the situation has worsened.
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Submitted on : Monday, September 30, 2019 - 4:02:06 PM
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Mongi Salhi. L'évolution du droit de propriété intellectuelle en Tunisie suite à son adhésion à l'OMC et la signature de l'accord ADPIC. Droit. Université Sorbonne Paris Cité; Université de Tunis El Manar, 2018. Français. ⟨NNT : 2018USPCB018⟩. ⟨tel-02301684⟩



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