Section 26.2 allows members to provide limited exemptions from the protection of industrial designs, provided that these exemptions are not unreasonable with the normal operation of protected commercial designs and do not disproportionately affect the legitimate interests of the protected design holder, taking into account the legitimate interests of third parties. Article 25.2 contains a specific provision that aims to take into account the short life cycle and the number of new designs in the textile sector: the requirements for the protection of these designs, particularly with regard to costs, testing or publication, should not disproportionately affect the possibility of seeking and obtaining such protection. Members are free to fulfill this obligation through commercial or copyright law. The ON TRIPS agreement requires Member States not only to protect the design of integrated circuits in accordance with the provisions of the IPIC Treaty, but also to clarify and/or build four points. These points relate to the duration of protection (10 years instead of eight, Article 38), the applicability of protection to articles that violate integrated circuits (last sub-clause of Article 36) and the treatment of innocent offenders (Article 37.1). The terms of the ADPIC agreement in Article 31 apply mutatis mutandis to the compulsory or non-compulsory granting of a layout licence or to its use by or for the government without the authorisation of the right holder instead of the provisions of the IPIC compulsory licensing contract (Article 37.2). Article 25.1 of the ON TRIPS agreement requires members to provide for the protection of independently established industrial models, which are new or original. Members may anticipate that the designs are not new or original if they are not significantly different from known designs or combinations of known features. Members may anticipate that this protection does not apply to specific constructions primarily for technical or functional reasons. Commercial designs relate to creative activities that result in the ornamental or formal appearance of a product and a design right, and relate to a new or original design that belongs to the holder of a valid registered design.
Industrial designs are an element of intellectual property. With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of «promoting access to medicines for all». Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism.