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Trade Related Aspects of Intellectual Property Rights (TRIPS)

The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is in the news now because of the recent US decision to support the temporary waiver of patent rules for the coronavirus vaccines. This is an important topic from multiple perspectives for the UPSC exam including economy, international relations, current affairs, etc. 

TRIPS Agreement

Trade Related Aspects of Intellectual Property Right (TRIPS) is an agreement on international IP rights.

• TRIPS came into force in 1995, as part of the agreement that established the World Trade Organisation (WTO) .
• TRIPS establishes minimum standards for the availability, scope, and use of seven forms of intellectual property namely, trademarks, copyrights, geographical indications, patents, industrial designs, layout designs for integrated circuits, and undisclosed information or trade secrets. 
• It applies basic international trade principles regarding intellectual property to member states.
• It is applicable to all WTO members.
• TRIPS Agreement lays down the permissible exceptions and limitations for balancing the interests of intellectual property with the interests of public health and economic development.
• TRIPS is the most comprehensive international agreement on IP and it has a major role in enabling trade in creativity and knowledge, in resolving trade disputes over intellectual property, and in assuring WTO members the latitude to achieve their domestic policy objectives. 
• It frames the IP system in terms of innovation, technology transfer and public welfare. 
• The TRIPS Council is responsible for administering and monitoring the operation of the TRIPS Agreement.
• TRIPS was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1986–1994.
• The TRIPS Agreement is also described as a “Berne and Paris-plus” Agreement.

Read about other WTO Agreements in the link.

What are Intellectual Property Rights?

Intellectual property rights are the rights given to persons over the creations of their minds. Intellectual property rights (IPRs) are legal rights that protect these creations. In contrast to rights over tangible property, IP rights give their owners rights to exclude others from making use of their creations only for a limited period. IP rights entitle the owners to receive a royalty or any sort of financial compensation or payment when another person uses their creations.

What is Intellectual Property?

“Intellectual property” refers to creations of the mind. These creations can take many different forms, such as artistic expressions, signs, symbols and names used in commerce, designs and inventions. 

IP rights are generally classified into two categories:

• Copyright and rights related to copyright: This rights relates to rights protecting art works, literary works, computer programmes, films, musical compositions, sculptures, paintings, etc. Related rights also include rights of performers, broadcasting organisations, and producers of phonograms (sound recordings). The main purpose of protection of copyright and related rights is to encourage and reward creative work.
• The protection of distinctive signs, especially trademarks (which differentiate the goods or services of one organisation/establishment from those of other undertakings) and geographical indications. These rights are aimed at protecting and ensuring fair competition consumer protection.
• The second type of industrial property rights are protected primarily to stimulate innovation, design and the creation of technology. These rights protect innovations by patents, trade secrets and industrial designs.

Read more on intellectual property rights in the linked article.

TRIPS Significance

The TRIPS Agreement makes protection of intellectual property rights an integral part of the multilateral trading system, as embodied in the WTO. The agreement is often termed one of the three “pillars” of the WTO, the other two being trade in goods (the traditional domain of the GATT) and trade in services.

Before TRIPS, the extent of protection and enforcement of IP rights varied widely across nations and as intellectual property became more important in trade, these differences became a source of tension in international economic relations. Therefore, it was considered prudent to have new trade rules for IP rights in order to have more order and predictability, and also to settle disputes in an orderly manner.

TRIPS Agreement Latest News

In view of the COVID-19 pandemic, India and South Africa had proposed to the WTO in October 2020 that the TRIPS Agreement (that included patent protection to pharmaceutical products including COVID vaccines) be waived off for COVID vaccines, medicines and diagnostics for the time period of the pandemic in order to make vaccines and drugs for COVID available to a maximum number of people worldwide.

If the vaccines are patent protected, only a few pharmaceutical companies from developed western countries would be able to manufacture it, making such drugs unavailable or inaccessible due to the high costs to people of other countries, especially, developing and least developed countries.

The US, which was opposed to any TRIPS waiver, has backed this proposal, along with the EU. This move has been welcomed by many since it might lead to the manufacture of more volumes of COVID vaccines enabling the whole world to get rid of the coronavirus at the earliest. However, pharmaceutical companies have protested the move saying this would not necessarily ensure vaccine availability since developing countries did not have the capability to produce the vaccines.

Arguments in favour of relaxing TRIPS rules 

• This would make the vaccines more available to people of developing countries and also LDCs.
• Life-saving drugs and vaccines should be made available to everyone and pharmaceutical companies should not be looking to make profits out of these. There is an ethical and moral issue here.
• With particular reference to the COVID-19 pandemic, it is said that no one is safe unless everyone is safe. In this respect, it is imperative that vaccines are made available to everyone in countries affected since it can easily spread to all countries as seen in the first wave.
• Rules granting monopolies that place the right to access basic healthcare in a position of constant peril must end.

Arguments made by opponents of TRIPS waiver

• Unless corporations are rewarded for their inventions, they would be unable to recoup amounts invested by them in research and development.
• Without the right to monopolise production there will be no incentive to innovate. 
• They also claim that companies in the developing world do not have the capacity to manufacture vaccines or drugs on a large scale.

Just a waiver of the IP rights rules without further assistance such as technology transfer to generic pharmaceutical companies in developing countries would render the move useless. This is because there would also necessitate tech transfer for the pharmaceutical companies to start the production since vaccines like the mRNA vaccines require highly sophisticated manufacturing equipment. Not only technology and equipment, raw materials and probably personnel would also need to be transferred for developing countries to be able to produce vaccines on a large scale.

It could also take several years before the generic pharmaceutical companies’ plants become operational at optimal capacity and produce vaccines, which is a problem because it is doubted whether vaccines produced today would be effective against any new strain of the virus.

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Overview: the TRIPS Agreement

The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property.

> General provisions > Standards of protection > Copyright > Related rights > Trademarks > Geographical indications > Industrial designs > Patents > Integrated circuits > Undisclosed information > Anti-competitive licences > Enforcement > General obligations > Procedures and remedies > Provisional measures > Border measures > Criminal procedures > Other provisions > Acquiring and maintaining rights > Transitional arrangements > Protecting existing matter

The three main features of the Agreement are:

• Standards . In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the minimum standards of protection to be provided by each Member. Each of the main elements of protection is defined, namely the subject-matter to be protected, the rights to be conferred and permissible exceptions to those rights, and the minimum duration of protection. The Agreement sets these standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) in their most recent versions, must be complied with. With the exception of the provisions of the Berne Convention on moral rights, all the main substantive provisions of these conventions are incorporated by reference and thus become obligations under the TRIPS Agreement between TRIPS Member countries. The relevant provisions are to be found in Articles 2.1 and 9.1 of the TRIPS Agreement, which relate, respectively, to the Paris Convention and to the Berne Convention. Secondly, the TRIPS Agreement adds a substantial number of additional obligations on matters where the pre-existing conventions are silent or were seen as being inadequate. The TRIPS Agreement is thus sometimes referred to as a Berne and Paris-plus agreement.
• Enforcement . The second main set of provisions deals with domestic procedures and remedies for the enforcement of intellectual property rights. The Agreement lays down certain general principles applicable to all IPR enforcement procedures. In addition, it contains provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights.
• Dispute settlement . The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO's dispute settlement procedures.

In addition the Agreement provides for certain basic principles, such as national and most-favoured-nation treatment, and some general rules to ensure that procedural difficulties in acquiring or maintaining IPRs do not nullify the substantive benefits that should flow from the Agreement. The obligations under the Agreement will apply equally to all Member countries, but developing countries will have a longer period to phase them in. Special transition arrangements operate in the situation where a developing country does not presently provide product patent protection in the area of pharmaceuticals.

The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they so wish. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice.

Certain general provisions 

As in the main pre-existing intellectual property conventions, the basic obligation on each Member country is to accord the treatment in regard to the protection of intellectual property provided for under the Agreement to the persons of other Members. Article 1.3 defines who these persons are. These persons are referred to as “nationals” but include persons, natural or legal, who have a close attachment to other Members without necessarily being nationals. The criteria for determining which persons must thus benefit from the treatment provided for under the Agreement are those laid down for this purpose in the main pre-existing intellectual property conventions of WIPO, applied of course with respect to all WTO Members whether or not they are party to those conventions. These conventions are the Paris Convention, the Berne Convention, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention), and the Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC Treaty).

Articles 3, 4 and 5 include the fundamental rules on national and most-favoured-nation treatment of foreign nationals, which are common to all categories of intellectual property covered by the Agreement. These obligations cover not only the substantive standards of protection but also matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically addressed in the Agreement. While the national treatment clause forbids discrimination between a Member's own nationals and the nationals of other Members, the most-favoured-nation treatment clause forbids discrimination between the nationals of other Members. In respect of the national treatment obligation, the exceptions allowed under the pre-existing intellectual property conventions of WIPO are also allowed under TRIPS. Where these exceptions allow material reciprocity, a consequential exception to MFN treatment is also permitted (e.g. comparison of terms for copyright protection in excess of the minimum term required by the TRIPS Agreement as provided under Article 7(8) of the Berne Convention as incorporated into the TRIPS Agreement). Certain other limited exceptions to the MFN obligation are also provided for.

The general goals of the TRIPS Agreement are contained in the Preamble of the Agreement, which reproduces the basic Uruguay Round negotiating objectives established in the TRIPS area by the 1986 Punta del Este Declaration and the 1988/89 Mid-Term Review. These objectives include the reduction of distortions and impediments to international trade, promotion of effective and adequate protection of intellectual property rights, and ensuring that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade. These objectives should be read in conjunction with Article 7, entitled “Objectives”, according to which the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. Article 8, entitled “Principles”, recognizes the rights of Members to adopt measures for public health and other public interest reasons and to prevent the abuse of intellectual property rights, provided that such measures are consistent with the provisions of the TRIPS Agreement.

Substantive standards of protection 

Copyright Back to top

During the Uruguay Round negotiations, it was recognized that the Berne Convention already, for the most part, provided adequate basic standards of copyright protection. Thus it was agreed that the point of departure should be the existing level of protection under the latest Act, the Paris Act of 1971, of that Convention. The point of departure is expressed in Article 9.1 under which Members are obliged to comply with the substantive provisions of the Paris Act of 1971 of the Berne Convention, i.e. Articles 1 through 21 of the Berne Convention (1971) and the Appendix thereto. However, Members do not have rights or obligations under the TRIPS Agreement in respect of the rights conferred under Article 6 bis of that Convention, i.e. the moral rights (the right to claim authorship and to object to any derogatory action in relation to a work, which would be prejudicial to the author's honour or reputation), or of the rights derived therefrom. The provisions of the Berne Convention referred to deal with questions such as subject-matter to be protected, minimum term of protection, and rights to be conferred and permissible limitations to those rights. The Appendix allows developing countries, under certain conditions, to make some limitations to the right of translation and the right of reproduction.

In addition to requiring compliance with the basic standards of the Berne Convention, the TRIPS Agreement clarifies and adds certain specific points.

Article 9.2 confirms that copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such.

Article 10.1 provides that computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971). This provision confirms that computer programs must be protected under copyright and that those provisions of the Berne Convention that apply to literary works shall be applied also to them. It confirms further, that the form in which a program is, whether in source or object code, does not affect the protection. The obligation to protect computer programs as literary works means e.g. that only those limitations that are applicable to literary works may be applied to computer programs. It also confirms that the general term of protection of 50 years applies to computer programs. Possible shorter terms applicable to photographic works and works of applied art may not be applied.

Article 10.2 clarifies that databases and other compilations of data or other material shall be protected as such under copyright even where the databases include data that as such are not protected under copyright. Databases are eligible for copyright protection provided that they by reason of the selection or arrangement of their contents constitute intellectual creations. The provision also confirms that databases have to be protected regardless of which form they are in, whether machine readable or other form. Furthermore, the provision clarifies that such protection shall not extend to the data or material itself, and that it shall be without prejudice to any copyright subsisting in the data or material itself.

Article 11 provides that authors shall have in respect of at least computer programs and, in certain circumstances, of cinematographic works the right to authorize or to prohibit the commercial rental to the public of originals or copies of their copyright works. With respect to cinematographic works, the exclusive rental right is subject to the so-called impairment test: a Member is excepted from the obligation unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors and their successors in title. In respect of computer programs, the obligation does not apply to rentals where the program itself is not the essential object of the rental.

According to the general rule contained in Article 7(1) of the Berne Convention as incorporated into the TRIPS Agreement, the term of protection shall be the life of the author and 50 years after his death. Paragraphs 2 through 4 of that Article specifically allow shorter terms in certain cases. These provisions are supplemented by Article 12 of the TRIPS Agreement, which provides that whenever the term of protection of a work, other than a photographic work or a work of applied art, is calculated on a basis other than the life of a natural person, such term shall be no less than 50 years from the end of the calendar year of authorized publication, or, failing such authorized publication within 50 years from the making of the work, 50 years from the end of the calendar year of making.

Article 13 requires Members to confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder. This is a horizontal provision that applies to all limitations and exceptions permitted under the provisions of the Berne Convention and the Appendix thereto as incorporated into the TRIPS Agreement. The application of these limitations is permitted also under the TRIPS Agreement, but the provision makes it clear that they must be applied in a manner that does not prejudice the legitimate interests of the right holder.

Related rights Back to top

The provisions on protection of performers, producers of phonograms and broadcasting organizations are included in Article 14. According to Article 14.1, performers shall have the possibility of preventing the unauthorized fixation of their performance on a phonogram (e.g. the recording of a live musical performance). The fixation right covers only aural, not audiovisual fixations. Performers must also be in position to prevent the reproduction of such fixations. They shall also have the possibility of preventing the unauthorized broadcasting by wireless means and the communication to the public of their live performance.

In accordance with Article 14.2, Members have to grant producers of phonograms an exclusive reproduction right. In addition to this, they have to grant, in accordance with Article 14.4, an exclusive rental right at least to producers of phonograms. The provisions on rental rights apply also to any other right holders in phonograms as determined in national law. This right has the same scope as the rental right in respect of computer programs. Therefore it is not subject to the impairment test as in respect of cinematographic works. However, it is limited by a so-called grand-fathering clause, according to which a Member, which on 15 April 1994, i.e. the date of the signature of the Marrakesh Agreement, had in force a system of equitable remuneration of right holders in respect of the rental of phonograms, may maintain such system provided that the commercial rental of phonograms is not giving rise to the material impairment of the exclusive rights of reproduction of right holders.

Broadcasting organizations shall have, in accordance with Article 14.3, the right to prohibit the unauthorized fixation, the reproduction of fixations, and the rebroadcasting by wireless means of broadcasts, as well as the communication to the public of their television broadcasts. However, it is not necessary to grant such rights to broadcasting organizations, if owners of copyright in the subject-matter of broadcasts are provided with the possibility of preventing these acts, subject to the provisions of the Berne Convention.

The term of protection is at least 50 years for performers and producers of phonograms, and 20 years for broadcasting organizations (Article 14.5).

Article 14.6 provides that any Member may, in relation to the protection of performers, producers of phonograms and broadcasting organizations, provide for conditions, limitations, exceptions and reservations to the extent permitted by the Rome Convention.

Trademarks Back to top

The basic rule contained in Article 15 is that any sign, or any combination of signs, capable of distinguishing the goods and services of one undertaking from those of other undertakings, must be eligible for registration as a trademark, provided that it is visually perceptible. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, must be eligible for registration as trademarks.

Where signs are not inherently capable of distinguishing the relevant goods or services, Member countries are allowed to require, as an additional condition for eligibility for registration as a trademark, that distinctiveness has been acquired through use. Members are free to determine whether to allow the registration of signs that are not visually perceptible (e.g. sound or smell marks).

Members may make registrability depend on use. However, actual use of a trademark shall not be permitted as a condition for filing an application for registration, and at least three years must have passed after that filing date before failure to realize an intent to use is allowed as the ground for refusing the application (Article 14.3).

The Agreement requires service marks to be protected in the same way as marks distinguishing goods (see e.g. Articles 15.1, 16.2 and 62.3).

The owner of a registered trademark must be granted the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or services, a likelihood of confusion must be presumed (Article 16.1).

The TRIPS Agreement contains certain provisions on well-known marks, which supplement the protection required by Article 6 bis of the Paris Convention, as incorporated by reference into the TRIPS Agreement, which obliges Members to refuse or to cancel the registration, and to prohibit the use of a mark conflicting with a mark which is well known. First, the provisions of that Article must be applied also to services. Second, it is required that knowledge in the relevant sector of the public acquired not only as a result of the use of the mark but also by other means, including as a result of its promotion, be taken into account. Furthermore, the protection of registered well-known marks must extend to goods or services which are not similar to those in respect of which the trademark has been registered, provided that its use would indicate a connection between those goods or services and the owner of the registered trademark, and the interests of the owner are likely to be damaged by such use (Articles 16.2 and 3).

Members may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties (Article 17).

Initial registration, and each renewal of registration, of a trademark shall be for a term of no less than seven years. The registration of a trademark shall be renewable indefinitely (Article 18).

Cancellation of a mark on the grounds of non-use cannot take place before three years of uninterrupted non-use has elapsed unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner. Circumstances arising independently of the will of the owner of the trademark, such as import restrictions or other government restrictions, shall be recognized as valid reasons of non-use. Use of a trademark by another person, when subject to the control of its owner, must be recognized as use of the trademark for the purpose of maintaining the registration (Article 19).

It is further required that use of the trademark in the course of trade shall not be unjustifiably encumbered by special requirements, such as use with another trademark, use in a special form, or use in a manner detrimental to its capability to distinguish the goods or services (Article 20).

Geographical indications Back to top

Geographical indications are defined, for the purposes of the Agreement, as indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin (Article 22.1). Thus, this definition specifies that the quality, reputation or other characteristics of a good can each be a sufficient basis for eligibility as a geographical indication, where they are essentially attributable to the geographical origin of the good.

In respect of all geographical indications, interested parties must have legal means to prevent use of indications which mislead the public as to the geographical origin of the good, and use which constitutes an act of unfair competition within the meaning of Article 10 bis of the Paris Convention (Article 22.2).

The registration of a trademark which uses a geographical indication in a way that misleads the public as to the true place of origin must be refused or invalidated ex officio if the legislation so permits or at the request of an interested party (Article 22.3).

Article 23 provides that interested parties must have the legal means to prevent the use of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication. This applies even where the public is not being misled, there is no unfair competition and the true origin of the good is indicated or the geographical indication is accompanied be expressions such as “kind”, “type”, “style”, “imitation” or the like. Similar protection must be given to geographical indications identifying spirits when used on spirits. Protection against registration of a trademark must be provided accordingly.

Article 24 contains a number of exceptions to the protection of geographical indications. These exceptions are of particular relevance in respect of the additional protection for geographical indications for wines and spirits. For example, Members are not obliged to bring a geographical indication under protection, where it has become a generic term for describing the product in question (paragraph 6). Measures to implement these provisions shall not prejudice prior trademark rights that have been acquired in good faith (paragraph 5). Under certain circumstances, continued use of a geographical indication for wines or spirits may be allowed on a scale and nature as before (paragraph 4). Members availing themselves of the use of these exceptions must be willing to enter into negotiations about their continued application to individual geographical indications (paragraph 1). The exceptions cannot be used to diminish the protection of geographical indications that existed prior to the entry into force of the TRIPS Agreement (paragraph 3). The TRIPS Council shall keep under review the application of the provisions on the protection of geographical indications (paragraph 2).

Industrial designs Back to top

Article 25.1 of the TRIPS Agreement obliges Members to provide for the protection of independently created industrial designs that are new or original. Members may provide that designs are not new or original if they do not significantly differ from known designs or combinations of known design features. Members may provide that such protection shall not extend to designs dictated essentially by technical or functional considerations.

Article 25.2 contains a special provision aimed at taking into account the short life cycle and sheer number of new designs in the textile sector: requirements for securing protection of such designs, in particular in regard to any cost, examination or publication, must not unreasonably impair the opportunity to seek and obtain such protection. Members are free to meet this obligation through industrial design law or through copyright law.

Article 26.1 requires Members to grant the owner of a protected industrial design the right to prevent third parties not having the owner's consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

Article 26.2 allows Members to provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.

The duration of protection available shall amount to at least 10 years (Article 26.3). The wording “amount to” allows the term to be divided into, for example, two periods of five years.

Patents Back to top

The TRIPS Agreement requires Member countries to make patents available for any inventions, whether products or processes, in all fields of technology without discrimination, subject to the normal tests of novelty, inventiveness and industrial applicability. It is also required that patents be available and patent rights enjoyable without discrimination as to the place of invention and whether products are imported or locally produced (Article 27.1).

There are three permissible exceptions to the basic rule on patentability. One is for inventions contrary to ordre public or morality; this explicitly includes inventions dangerous to human, animal or plant life or health or seriously prejudicial to the environment. The use of this exception is subject to the condition that the commercial exploitation of the invention must also be prevented and this prevention must be necessary for the protection of ordre public or morality (Article 27.2).

The second exception is that Members may exclude from patentability diagnostic, therapeutic and surgical methods for the treatment of humans or animals (Article 27.3(a)).

The third is that Members may exclude plants and animals other than micro-organisms and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, any country excluding plant varieties from patent protection must provide an effective sui generis system of protection. Moreover, the whole provision is subject to review four years after entry into force of the Agreement (Article 27.3(b)).

The exclusive rights that must be conferred by a product patent are the ones of making, using, offering for sale, selling, and importing for these purposes. Process patent protection must give rights not only over use of the process but also over products obtained directly by the process. Patent owners shall also have the right to assign, or transfer by succession, the patent and to conclude licensing contracts (Article 28).

Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties (Article 30).

The term of protection available shall not end before the expiration of a period of 20 years counted from the filing date (Article 33).

Members shall require that an applicant for a patent shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art and may require the applicant to indicate the best mode for carrying out the invention known to the inventor at the filing date or, where priority is claimed, at the priority date of the application (Article 29.1).

If the subject-matter of a patent is a process for obtaining a product, the judicial authorities shall have the authority to order the defendant to prove that the process to obtain an identical product is different from the patented process, where certain conditions indicating a likelihood that the protected process was used are met (Article 34).

Compulsory licensing and government use without the authorization of the right holder are allowed, but are made subject to conditions aimed at protecting the legitimate interests of the right holder. The conditions are mainly contained in Article 31. These include the obligation, as a general rule, to grant such licences only if an unsuccessful attempt has been made to acquire a voluntary licence on reasonable terms and conditions within a reasonable period of time; the requirement to pay adequate remuneration in the circumstances of each case, taking into account the economic value of the licence; and a requirement that decisions be subject to judicial or other independent review by a distinct higher authority. Certain of these conditions are relaxed where compulsory licences are employed to remedy practices that have been established as anticompetitive by a legal process. These conditions should be read together with the related provisions of Article 27.1, which require that patent rights shall be enjoyable without discrimination as to the field of technology, and whether products are imported or locally produced.

Layout-designs of integrated circuits Back to top

Article 35 of the TRIPS Agreement requires Member countries to protect the layout-designs of integrated circuits in accordance with the provisions of the IPIC Treaty (the Treaty on Intellectual Property in Respect of Integrated Circuits), negotiated under the auspices of WIPO in 1989. These provisions deal with, inter alia , the definitions of “integrated circuit” and “layout-design (topography)”, requirements for protection, exclusive rights, and limitations, as well as exploitation, registration and disclosure. An “integrated circuit” means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function. A “layout-design (topography)” is defined as the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture. The obligation to protect layout-designs applies to such layout-designs that are original in the sense that they are the result of their creators' own intellectual effort and are not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of their creation. The exclusive rights include the right of reproduction and the right of importation, sale and other distribution for commercial purposes. Certain limitations to these rights are provided for.

In addition to requiring Member countries to protect the layout-designs of integrated circuits in accordance with the provisions of the IPIC Treaty, the TRIPS Agreement clarifies and/or builds on four points. These points relate to the term of protection (ten years instead of eight, Article 38), the applicability of the protection to articles containing infringing integrated circuits (last sub clause of Article 36) and the treatment of innocent infringers (Article 37.1). The conditions in Article 31 of the TRIPS Agreement apply mutatis mutandis to compulsory or non-voluntary licensing of a layout-design or to its use by or for the government without the authorization of the right holder, instead of the provisions of the IPIC Treaty on compulsory licensing (Article 37.2).

Protection of undisclosed information Back to top

The TRIPS Agreement requires undisclosed information -- trade secrets or know-how -- to benefit from protection. According to Article 39.2, the protection must apply to information that is secret, that has commercial value because it is secret and that has been subject to reasonable steps to keep it secret. The Agreement does not require undisclosed information to be treated as a form of property, but it does require that a person lawfully in control of such information must have the possibility of preventing it from being disclosed to, acquired by, or used by others without his or her consent in a manner contrary to honest commercial practices. “Manner contrary to honest commercial practices” includes breach of contract, breach of confidence and inducement to breach, as well as the acquisition of undisclosed information by third parties who knew, or were grossly negligent in failing to know, that such practices were involved in the acquisition.

The Agreement also contains provisions on undisclosed test data and other data whose submission is required by governments as a condition of approving the marketing of pharmaceutical or agricultural chemical products which use new chemical entities. In such a situation the Member government concerned must protect the data against unfair commercial use. In addition, Members must protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.

Control of anti-competitive practices in contractual licences Back to top

Article 40 of the TRIPS Agreement recognizes that some licensing practices or conditions pertaining to intellectual property rights which restrain competition may have adverse effects on trade and may impede the transfer and dissemination of technology (paragraph 1). Member countries may adopt, consistently with the other provisions of the Agreement, appropriate measures to prevent or control practices in the licensing of intellectual property rights which are abusive and anti-competitive (paragraph 2). The Agreement provides for a mechanism whereby a country seeking to take action against such practices involving the companies of another Member country can enter into consultations with that other Member and exchange publicly available non-confidential information of relevance to the matter in question and of other information available to that Member, subject to domestic law and to the conclusion of mutually satisfactory agreements concerning the safeguarding of its confidentiality by the requesting Member (paragraph 3). Similarly, a country whose companies are subject to such action in another Member can enter into consultations with that Member (paragraph 4).

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What we know about Baltimore’s Francis Scott Key Bridge collapse

The Francis Scott Key Bridge in Baltimore collapsed early Tuesday after being hit by a cargo ship, with large parts of the bridge falling into the Patapsco River.

At least eight people fell into the water, members of a construction crew working on the bridge at the time, officials said. Two were rescued, one uninjured and one in serious condition, and two bodies were recovered on Wednesday. The remaining four are presumed dead. The workers are believed to be the only victims in the disaster.

Here’s what we know so far.

Baltimore bridge collapse

How it happened: Baltimore’s Francis Scott Key Bridge collapsed after being hit by a cargo ship . The container ship lost power shortly before hitting the bridge, Maryland Gov. Wes Moore (D) said. Video shows the bridge collapse in under 40 seconds.

Victims: Divers have recovered the bodies of two construction workers , officials said. They were fathers, husbands and hard workers . A mayday call from the ship prompted first responders to shut down traffic on the four-lane bridge, saving lives.

Economic impact: The collapse of the bridge severed ocean links to the Port of Baltimore, which provides about 20,000 jobs to the area . See how the collapse will disrupt the supply of cars, coal and other goods .

Rebuilding: The bridge, built in the 1970s , will probably take years and cost hundreds of millions of dollars to rebuild , experts said.

• Baltimore bridge collapse: Crane arrives at crash site to aid cleanup March 29, 2024 Baltimore bridge collapse: Crane arrives at crash site to aid cleanup March 29, 2024
• Officials studied Baltimore bridge risks but didn’t prepare for ship strike March 29, 2024 Officials studied Baltimore bridge risks but didn’t prepare for ship strike March 29, 2024
• Baltimore begins massive and dangerous cleanup after bridge collapse March 28, 2024 Baltimore begins massive and dangerous cleanup after bridge collapse March 28, 2024

• 1.1.1 Pronunciation
• 1.1.2.1 Hyponyms
• 1.1.2.2 Derived terms
• 1.1.2.3 Translations
• 1.1.3.1 Derived terms
• 1.1.3.2 Translations
• 1.1.4 Adjective
• 1.2.2 References
• 1.3 See also
• 1.4 Anagrams
• 2.1 Etymology
• 2.2 Pronunciation
• 2.3.1 Derived terms
• 2.3.2 Related terms
• 3.1 Etymology
• 3.2 Pronunciation
• 4.1.1 Alternative forms
• 4.1.2 Pronunciation
• 4.1.3.1 Descendants
• 4.1.3.2 References
• 5.1 Etymology
• 5.2 Pronunciation
• 5.3.1 Declension
• 5.4 Further reading
• 6.1 Etymology
• 6.2 Pronunciation
• 6.3.1 Inflection
• 7.1 Etymology
• 8.1 Etymology
• 8.2 Pronunciation
• 8.3.1 Derived terms
• 8.3.2 Related terms
• 8.3.3 See also
• 8.5 Further reading

English [ edit ]

Etymology 1 [ edit ].

From Middle English trippen ( “ tread or step lightly and nimbly, skip, dance ” ) , perhaps from Old French triper ( “ to hop or dance around, strike with the feet ” ) , from a Frankish source; or alternatively from Middle Dutch trippen ( “ to skip, trip, hop, stamp, trample ” ) (> Modern Dutch trippelen ( “ to toddle, patter, trip ” ) ). Akin to Middle Low German trippen ( > Danish trippe ( “ to trip ” ) , Swedish trippa ( “ to mince, trip ” ) ), West Frisian tripje ( “ to toddle, trip ” ) , German trippeln ( “ to scurry ” ) , Old English treppan ( “ to trample, tread ” ) . Related also to trap , tramp .

Pronunciation [ edit ]

• enPR : trĭp , IPA ( key ) : /tɹɪp/ , [tʰɹɪpʰ]
• Rhymes: -ɪp

Noun [ edit ]

trip ( plural trips )

• 1918 , Ralph Henry Barbour , Lost Island : I sold my horse and took a trip to Ceylon and back on an Orient boat as a passenger,
• 1897 December (indicated as 1898 ), Winston Churchill , chapter V, in The Celebrity: An Episode , New York, N.Y.: The Macmillan Company ; London: Macmillan & Co., Ltd. , →OCLC : We made an odd party before the arrival of the Ten, particularly when the Celebrity dropped in for lunch or dinner. He could not be induced to remain permanently at Mohair because Miss Trevor was at Asquith, but he appropriated a Hempstead cart from the Mohair stables and made the trip sometimes twice in a day.
• A stumble or misstep . He was injured due to a trip down the stairs.
• 1671 , John Milton , “ (please specify the page) ”, in Paradise Regain’d. A Poem. In IV Books. To which is Added, Samson Agonistes , London: [ … ] J. M [ acock ] for John Starkey   [ … ] , →OCLC : Imperfect words, with childish trips .
• 1767 , Walter Harte , The amaranth; or, Religious poems : Each seeming trip , and each digressive start.
• 1967 , Joe David Brown, editor, The Hippies , New York: Time, Inc, page 2 : Unlike other accepted stimuli, from nicotine to liquor, the hallucinogens promise those who take the “ trip ” a magic-carpet escape from dull reality in which perceptions are heightened, sense distorted, and the imagination permanently bedazzled with ecstatic visions of teleological verity.
• 1969 , Merle Haggard (lyrics and music), “ Okie from Muskogee ”: We don't smoke marijuana in Muskogee / We don't take our trips on LSD
• 1974 April 13, Heather Anderson, “Hustling”, in Gay Community News , page 2: Many of them admit to having suppressed any tendency toward homosexual behavior for the greater part of their lives—yet—denial becomes too heavy a trip after a period of time, and eventually curiosity wins out.
• A faux pas , a social error .
• ( engineering ) A mechanical cutout device.
• ( electricity ) A trip-switch or cut-out . It's dark because the trip operated.
• 1814 July 7, [Walter Scott ], Waverley;   [ … ] , volumes (please specify |volume=I to III) , Edinburgh:   [ … ] James Ballantyne and Co. for Archibald Constable and Co. ; London: Longman, Hurst, Rees, Orme, and Brown , →OCLC : His heart bounded as he sometimes could distinctly hear the trip of a light female step glide to or from the door.
• ( obsolete ) A small piece; a morsel ; a bit. Synonyms: see Thesaurus: modicum
• 1661 December 10, Robert South, False Foundations Removed [ … ] : It is the sudden trip in wrestling that fetches a man to the ground.
• 1697 , Virgil , “Georgic II”, in John Dryden , transl., The Works of Virgil: Containing His Pastorals, Georgics, and Æneis.   [ … ] , London: [ … ] Jacob Tonson ,   [ … ] , →OCLC : And watches with a trip his foe to foil.
• ( nautical ) A single board , or tack , in plying , or beating , to windward .

Part or all of this entry has been imported from the 1913 edition of Webster’s Dictionary , which is now free of copyright and hence in the public domain. The imported definitions may be significantly out of date, and any more recent senses may be completely missing. (See the entry for “ trip ”, in Webster’s Revised Unabridged Dictionary , Springfield, Mass.: G. & C. Merriam , 1913, →OCLC .)

Hyponyms [ edit ]

• business trip
• pleasure trip
• school trip

Derived terms [ edit ]

• businessman's trip
• facility trip
• have a safe trip home
• trip down memory lane
• trip hammer
• trip odometer
• trip sitter
• trip sitting
• trip switch
• trip to Jerusalem
• trip to the woodshed
• trip working

Verb [ edit ]

trip ( third-person singular simple present trips , present participle tripping , simple past and past participle tripped )

• ( intransitive ) To fall over or stumble over an object as a result of striking it with one's foot Be careful not to trip on the tree roots.
• 1912 October, Edgar Rice Burroughs , “ Tarzan of the Apes ”, in The All-Story , New York, N.Y.: Frank A. Munsey Co. , →OCLC ; republished as chapter 5, in Tarzan of the Apes , New York, N.Y.: A. L. Burt Company , 1914 June, →OCLC : Early in his boyhood he had learned to form ropes by twisting and tying long grasses together, and with these he was forever tripping Tublat or attempting to hang him from some overhanging branch.
• c. 1503–1512 , John Skelton , Ware the Hauke ; republished in John Scattergood, editor, John Skelton: The Complete English Poems , 1983 , →OCLC , page 66 , lines 152–155 : And the Pharasay / Then durst nothynge say, / But let the matter slyp, / And made truth to tryp ;
• 1689 (indicated as 1690 ) , [ John Locke ], “Remedies of the Imperfection and Abuse of Words”, in An Essay Concerning Humane Understanding.   [ … ] , London: [ … ] Eliz [ abeth ] Holt, for Thomas Basset,   [ … ] , →OCLC , book III, page 250 : [T]ill his Tongue trips
• 1692–1717 , Robert South , “Discourse upon 2 Thessalonians ii.II”, in Twelve Sermons Preached upon Several Occasions , 6th edition, volumes (please specify |volume=I to VI) , London: [ … ] J [ ames ] Bettenham, for Jonah Bowyer,   [ … ] , published 1727 , →OCLC : A blind will thereupon comes to be led by a blind understanding; there is no remedy, but it must trip and stumble.
• 1697 , Virgil , translated by John Dryden , The Works of Virgil: Containing His Pastorals, Georgics, and Æneis.   [ … ] , London: [ … ] Jacob Tonson ,   [ … ] , →OCLC : Virgil is so exact in every word that none can be changed but for a worse; he pretends sometimes to trip , but it is to make you think him in danger when most secure.
• 1611 April (first recorded performance), William Shakespeare , “ The Tragedie of Cymbeline ”, in Mr. William Shakespeares Comedies, Histories, & Tragedies   [ … ] ( First Folio ), London: [ … ] Isaac Iaggard , and Ed [ ward ] Blount , published 1623 , →OCLC , [Act V, scene v]: These her women can trip me if I err.
• ( transitive ) To activate or set in motion , as in the activation of a trap , explosive , or switch . When we get into the factory, trip the lights.
• ( intransitive ) To be activated, as by a signal or an event The alarm system tripped , throwing everyone into a panic.
• 1961 November, “Talking of Trains: Derailment near Holmes Chapel”, in Trains Illustrated , page 652 : From the evidence of witnesses and of the recorded passing times, including the time at which the circuit breakers were tripped when the wires were brought down, the train was travelling at a speed of not less than 70 m.p.h.
• 2023 August 23, “Network News: CCTV helps save track workers from being struck by train”, in RAIL , number 990 , page 10 : The 25kV had repeatedly tripped and the two had split from a larger group to operate an overhead line isolating switch.
• 1970 , Geezer Butler, Tony Iommi, Bill Ward, Ozzy Osbourne (lyrics and music), “Fairies Wear Boots”, in Paranoid , performed by Black Sabbath: So, I went to the doctor, see what he could give me / He said, "Son, son, you've gone too far / 'Cause smokin' and trippin ’ is all that you do," / Yeeeeeeaaaaaah
• ( intransitive ) To journey , to make a trip. Last summer, we tripped to the coast.
• a. 1645 , John Milton , “ L’Allegro ”, in Poems of Mr. John Milton,   [ … ] , London: [ … ] Ruth Raworth for Humphrey Mosely ,   [ … ] , published 1646 , →OCLC : Come, and trip it, as ye go, / On the light fantastic toe.
• 1687 , [John Dryden] , “ (please specify the page number) ”, in The Hind and the Panther. A Poem, in Three Parts , 2nd edition, London: [ … ] Jacob Tonson   [ … ] , →OCLC : She bounded by, and tripped so light / They had not time to take a steady sight.
• 1819 June 23 , Geoffrey Crayon [pseudonym; Washington Irving ], “The Wife”, in The Sketch Book of Geoffrey Crayon, Gent. , number I, New York, N.Y.: [ … ] C. S. Van Winkle,   [ … ] , →OCLC , page 53 : A bright beautiful face glanced out at the window, and vanished—a light footstep was heard—and Mary came tripping forth to meet us.
• ( nautical ) To raise (an anchor) from the bottom, by its cable or buoy rope, so that it hangs free.
• ( nautical ) To pull (a yard ) into a perpendicular position for lowering it.
• 2003 , “What's a Pimp?”, in Married to the Game , performed by Too $hort : If she ain't with it, I find another little chick / I'm quick to switch, even when I was six / I had a backup bitch, when my bitch would trip / I'd go play with my other girlfriend and get me a kiss / And at the age of thirty-six I'm to the same old tricks
• trip over one's feet
• trip over one's own two feet
• trip the light fantastic
• tripwire , trip wire

Adjective [ edit ]

trip ( not comparable )

• ( poker slang ) Of or relating to trips ( three of a kind ) .

Etymology 2 [ edit ]

From Middle English tryppe , from Old French trippe . Possibly related to troop .

• ( obsolete , UK , Scotland , dialect ) A herd or flock of sheep, goats, etc.
• ( obsolete ) A troop of men; a host .
• A flock of wigeons .

References [ edit ]

• The Chambers Dictionary , 10th edition, entry trip .

See also [ edit ]

Anagrams [ edit ], dutch [ edit ], etymology [ edit ].

Borrowed from English trip .

• IPA ( key ) : /trɪp/
• Hyphenation: trip

trip   m ( plural trips , diminutive tripje   n )

• a trip , a short excursion , a vacation , travelling Synonyms: plezierreis , uitje , uitstapje
• hallucination , tripping
• pleziertrip

Related terms [ edit ]

Kalasha [ edit ].

From Sanskrit तृप्र ( tṛprá , “ distress ” )

• IPA ( key ) : /t̪rip/
• sickness , trouble

Middle English [ edit ]

From Anglo-Norman trippe ( “ dance ” ) .

Alternative forms [ edit ]

• IPA ( key ) : /ˈtrip(ə)/

trip ( plural trippus )

• An action that leads to a trip , fall or a bump ; that which causes a misstep.
• ( rare ) A motion in a dance.
• ( rare , Late Middle English ) A voyage ; an excursion .

Descendants [ edit ]

• Scots: trip
• “ trip(pe, n.(1). ”, in MED Online , Ann Arbor, Mich.: University of Michigan , 2007, retrieved 2018-05-08 .
• Alternative form of tryppe

Polish [ edit ]

• IPA ( key ) : /trip/
• Rhymes: -ip
• Syllabification: trip

trip   m   inan

• ( slang ) trip ( period of time in which one experiences drug-induced reverie or hallucinations ) Synonym: haj
• ( film ) movie with phantasmagoric images and scenes

Declension [ edit ]

Further reading [ edit ].

• trip in Polish dictionaries at PWN

Romanian [ edit ]

• IPA ( key ) : [trip]

trip   n ( plural tripuri )

• ( slang ) trip ( hallucination caused by drugs ) Am avut un trip nasol. Iarba asta nu e de calitate. I had a shitty trip . This isn't quality herb.

Inflection [ edit ]

Spanish [ edit ].

trip   m ( plural trips )

• trip (hallucination)

Tagalog [ edit ]

• IPA ( key ) : /ˈtɾip/ , [ˈtɾip]

trip ( Baybayin spelling ᜆ᜔ᜇᜒᜉ᜔ ) ( slang )

• 2008 , Khavn De La Cruz, Ultraviolins , UP Press, →ISBN , page 182 : Wala, trip ko lang, wala lang akong magawa. May reklamo ka? Ako wala. Wala akong pakialam sa yo at sa kung ano mang iniisip mo. Bakit sa SM? Kase. Kase pareho ng initials ko. Yun lang. Nothing, just my idea, ['coz] I have nothing to do. Any problems? Nothing. I don't mind you and anything you think. Why in SM? Coz. Coz it's the same initials as mine. Just that.
• 1989 , National Mid-week : May asawa at anak ang lalaki, pero trip niya ang mamboso at mambastos sa telepono. Ginagamit ng lalaki ang ... ang mensahe ng pelikula. Ang problema ay nakaka-depress dahil mahirap labanan nang ganoon ang lalaking sira ang ulo. The man has a wife and a son, but he likes to harass and flirt with women on the telephone. The man uses the message of the movie. The problem is depressing because it's difficult to fight such a stupid man.
• 1998 , Honorio Bartolome De Dios, Sa Labas Ng Parlor , University of Philippines Press, →ISBN : Siguro nga napapayag mo siya, pero, nilasing mo 'yung tao, e. Hindi ko siya nilasing. Pareho kaming lasing n'ung gabing 'yun. Arnold, kilala ko ang kumpare ko. Matagal na kaming magkasama niyan. Ang trip talaga niya 'pag lasing, sex. You possible enticed her, but, you made the person drunk, don't you? I didn't made her drunk. We're both drunk that night. Arnold, I know my buddies. We've been together for long. What she likes when drunk is to have sex.
• act of taking advantage of someone ( by duping, tricking, cheating, etc. ) Synonyms: pananamantala , panloloko
• trip ( hallucination due to drugs )
• basagan ng trip
• basagin ang trip
• mapagtripan
• ( pseudoverb ) to want ; to like ( to do something, especially on a whim or impulse ) Synonyms: gusto , nais Trip ko lang na mambasag ng mga bintana ng kotse, kasi sabog ako n'on. I'ved just wanted to break car windows, 'coz I'm high that time.
• “ trip ”, in Pambansang Diksiyonaryo | Diksiyonaryo.ph , Manila, 2018
• Zorc, R. David; San Miguel, Rachel (1993) Tagalog Slang Dictionary ‎ [1] , Manila: De La Salle University Press, →ISBN

• English terms derived from Middle English
• English terms derived from Old French
• English terms derived from Frankish
• English terms derived from Middle Dutch
• English 1-syllable words
• English terms with IPA pronunciation
• English terms with audio links
• Rhymes:English/ɪp
• Rhymes:English/ɪp/1 syllable
• English lemmas
• English nouns
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Baltimore bridge collapse wasn't first major accident for giant container ship Dali

Propulsion failed on the cargo ship that struck the Francis Key Bridge in Baltimore early Tuesday as it was leaving port, causing it to collapse into the frigid Patapsco River. Its crew warned Maryland officials of a possible collision because they had lost control.

“The vessel notified MD Department of Transportation (MDOT) that they had lost control of the vessel” and a collision with the bridge “was possible,” according to an unclassified Department of Homeland Security report. “The vessel struck the bridge causing a complete collapse.”

An official speaking on condition of anonymity confirmed to USA TODAY that the DHS’ Cybersecurity and Infrastructure Security Agency is working with federal, state, and local officials “to understand the potential impacts of this morning’s collapse of the Francis Scott Key Bridge.”

Clay Diamond, executive director, American Pilots’ Association, told USA TODAY power issues are not unusual on cargo ships, which are so large they cannot easily course correct.

“It’s likely that virtually every pilot in the country has experienced a power loss of some kind (but) it generally is momentary,” Diamond said. “This was a complete blackout of all the power on the ship, so that’s unusual. Of course this happened at the worst possible location.” 

The ship in Tuesday's crash, Dali, was involved in at least one prior accident when it collided with a shipping pier in Belgium.

That 2016 incident occurred as the Dali was leaving port in Antwerp and struck a loading pier made of stone, causing damage to the ship’s stern, according to VesselFinder.com, a site that tracks ships across the world. An investigation determined a mistake made by the ship’s master and pilot was to blame.

No one was injured in that crash, although the ship required repair and a full inspection before being returned to service. The pier – or berth – was also seriously damaged and had to be closed.

VesselFinder reports that the Dali was chartered by Maersk, the same company chartering it during the Baltimore harbor incident.

The 9-year-old container ship had passed previous inspections during its time at sea, but during one such inspection in June at the Port of San Antonio in Chile, officials discovered a deficiency with its "propulsion and auxiliary machinery (gauges, thermometers, etc)," according to the Tokyo MOU, an intergovernmental maritime authority in the Asia-Pacific region.

The report provided no other information about the deficiency except to note that it was not serious enough to remove the ship from service.

Follow here for live updates: Baltimore's Key Bridge collapses after ship strike; construction crew missing: Live Updates

Why did Dali crash into the Baltimore bridge?

Officials said Tuesday they’re investigating the collision, including whether systems on board lost electricity early Tuesday morning, which could be related to mechanical failure, according to a U.S. official who was not authorized to speak publicly.

Accidents at sea, known as marine casualties, are not uncommon, the source told USA TODAY. However, “allisions,” in which a moving object strikes a stationary one with catastrophic results, are far less common. The investigation of the power loss aboard the Dali, a Singapore-flagged vessel, will be a high priority.

In a video posted to social media, lights on the Dali shut off, then turned back on, then shut off again before the ship struck a support pier on the bridge.

Numerous cargo and cruise ships have lost power over the years.

The International Convention for the Safety of Life at Sea requires all international vessels to have two independent sources of electricity, both of which should be able to maintain the ship's seaworthiness on their own, according to a safety study about power failures on ships , citing the International Convention for the Safety of Life at Sea.

The Dali's emergency generator was likely responsible for the lights coming back on after the initial blackout, Diamond said.

“There was still some steerage left when they initially lost power,” he said. “We’ve been told the ship never recovered propulsion. The emergency generator is a diesel itself – so if you light off the generator, that’s also going to put off a puff of exhaust.”

Under maritime law, all foreign flagged vessels must be piloted into state ports by a state licensed pilot so the Dali's pilot is licensed by Association of Maryland Pilots .

Diamond described the incident based on information from the Maryland agency that licensed the pilot aboard the ship. His organization represents that group and all other state piloting agencies in the US.

“The pilot was directing navigation of the ship as it happened,” he said. “He asked the captain to get the engines back online. They weren’t able to do that, so the pilot took all the action he could. He tried to steer, to keep the ship in the channel. He also dropped the ship’s anchor to slow the ship and guide the direction.

“Neither one was enough. The ship never did regain its engine power.”

How big is the Dali ship?

The Dali is a 984-foot container vessel built in 2015 by Hyundai Heavy Industries in South Korea. With a cruising speed of about 22 knots – roughly 25 mph. It has traveled the world carrying goods from port to port.

The ship, constructed of high-strength steel, has one engine and one propeller, according to MarineTraffic.com.

The Dali arrived in Baltimore on Sunday from the Port of Norfolk in Virginia. Before that, it had been in New York and came through the Panama Canal.

It remains at the scene of the collapse as authorities investigate.

Who owns and operates the Dali?

It is owned by the Singapore-based Grace Ocean Pte Ltd but managed by Synergy Marine Group, also based in Singapore. It was carrying Maersk customers’ cargo, according to a statement from the shipping company.

“We are deeply concerned by this incident and are closely monitoring the situation,” Maersk said in the statement. 

Synergy, which describes itself as a leading ship manager with more than 600 vessels under its guidance, issued a statement on its website acknowledging the incident and reporting no injuries among its crew and no pollution in the water. There were two pilots on board and 22 crew members in all, according to Synergy, all of them from India.

USA TODAY reached out to Synergy on Tuesday, but the company did not immediately return a call seeking comment.

Contributing: Josh Susong

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The Dali was just starting a 27-day voyage.

The ship had spent two days in Baltimore’s port before setting off.

• Share full article

By Claire Moses and Jenny Gross

• Published March 26, 2024 Updated March 27, 2024

The Dali was less than 30 minutes into its planned 27-day journey when the ship ran into the Francis Scott Key Bridge on Tuesday.

The ship, which was sailing under the Singaporean flag, was on its way to Sri Lanka and was supposed to arrive there on April 22, according to VesselFinder, a ship tracking website.

The Dali, which is nearly 1,000 feet long, left the Baltimore port around 1 a.m. Eastern on Tuesday. The ship had two pilots onboard, according to a statement by its owners, Grace Ocean Investment. There were 22 crew members on board, the Maritime & Port Authority of Singapore said in a statement. There were no reports of any injuries, Grace Ocean said.

Before heading off on its voyage, the Dali had returned to the United States from Panama on March 19, harboring in New York. It then arrived on Saturday in Baltimore, where it spent two days in the port.

Maersk, the shipping giant, said in a statement on Tuesday that it had chartered the vessel, which was carrying Maersk cargo. No Maersk crew and personnel were onboard, the statement said, adding that the company was monitoring the investigations being carried out by the authorities and by Synergy Group, the company that was operating the vessel.

“We are horrified by what has happened in Baltimore, and our thoughts are with all of those affected,” the Maersk statement said.

The Dali was built in 2015 by the South Korea-based Hyundai Heavy Industries. The following year, the ship was involved in a minor incident when it hit a stone wall at the port of Antwerp . The Dali sustained damage at the time, but no one was injured.

Claire Moses is a reporter for the Express desk in London. More about Claire Moses

Jenny Gross is a reporter for The Times in London covering breaking news and other topics. More about Jenny Gross