Amit Presentation 2
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Transcript of Amit Presentation 2
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TRADE-RELATEDINTELLECTUAL
PROPERTYRIGHTS(TRIPs)
By AMIT RATHI
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The agreement covers five broad
issues
How basic principles of the trading system and otherinternational intellectual property agreements should beapplied
How to give adequate protection to intellectual propertyrights
How countries should enforce those rights adequately intheirown territories
How to settle disputes on intellectual property between
members of the WTO Special transitional arrangements during the period
when the new system is being introduced.
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WTO TRIPS Agreement
It is the GATT Uruguay Round Agreement onTrade Related Intellectual Property.
It deals with the protection & enforcement of
Trade-Related intellectual property rights. It establishes minimum levels of protection that
each government has to give to the intellectualproperty of fellow WTO members
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What is Intellectual Property?
Intellectual Property comprises 2 distinct
forms:
* Literary & Artistic Works* Industrial Property
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Literary & Artistic Works
* They are books, paintings, musical compositions,plays, operas, movies, radio / TV. programs,performances, & other artistic works.
How are they Protected?
* Protected by Copyright which provides the
individual author or artist the exclusive right to
do certain things with an original work, includingthe right to reproduce, publish, perform the work
in public, & to make adaptations of it & benefit
thereby.
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Industrial Property
Industrial Property describes physical matter that isthe product of an idea or concept or that isdeveloped specifically for commercial purposes.
Industrial Property include?* Patented objects
* Trademarks
* Industrial Designs
* Trade Secrets
* Layout-designs of Integrated Circuits
* Geographical Indications
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Why Protect Intellectual Property?
1) Because one has expend a lot of investment intoproduction of new & innovative products & they have aright, at least for a period of time, to:
* have their name associated with their product and/ortheir authorship associated with it
* get paid for their efforts & to recover their investment, &
* frustrate the efforts of free riders to make money offtheir efforts & investment whilst not having any input.
2) Protection stimulates creativity and innovation necessaryfor productivity, competitiveness, and national economicdevelopment
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Relevancy of IPR to International Trade &
Investment
1) To ensure that IPR enforcement is consistent
with free trade principles of effective marketaccess & non-discrimination.
2) Trade will be inhibited (& foreign direct
investmentfrustrated) if the laws of a country donot protect the IPR of its trading partners and/or
prospective investors.
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Patent
Patent is the right given to inventors to have
protected exclusive use for specified period of
time (term) for making, using, or sellinga new,
useful, non-obvious invention.
Patents are available for both products &
processes.
Patent in the law is a property right and hence,can be gifted, inherited, assigned, sold or
licensed
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TRIPS : Main Provisions on Patents
Section 5, Part II contains the following standards:
1) Patents shall be granted for any inventions,
provided they are new, & are capable of
industrial application.
2) Patents shall be granted in all fields of
technology.
3) Members can exclude from patentability
diagnostic, therapeutic, & surgical methods oftreatment for humans or animals, as well as
plants & animals & biological process for the
production thereof.
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TRIPS : Main Provisions on Patents
4) Plant varieties shall be protected by patents.
5) Exclusive rights conferred in the case of product
and process patents are defined, subject in the
case of imports.
6) Inventions shall be disclosed in a manner which
is sufficiently clear & complete for a skilled
person in the art to carry out the invention.7) Limited exceptions to the exclusive rights can
be defined by national laws (TRIPS Art. 30)
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TRIPS : Main Provisions on Patents
8) Conditions for granting other uses withoutauthorization of the patent-holder(compulsory licenses) are set forth
Members can determine the grounds toallow such uses.
9) Revocation/forfeiture of a patent is
subject to judicial review.10) The term of protection shall be at least20 years from the date of application
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Copyright
Copyright is the exclusive right to do certain
things with an original work, including the right to
reproduce, publish, perform the work in public, &
to make adaptations of it. Copyright is a right, which is available for
creating an artistic work.
include Cinematographic films and Computerprograms and software original literary or
dramatic or musical
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TRIPS: Main Provisions on Copyright
1) Protection of works covered by the BerneConvention excluding moralrights to the
expression
2) Protection ofcomputer programs asliterary works & of compilations of data.
3) Recognition ofrental rights, at least for
phonograms, computer programs, & for
cinematographic works.
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TRIPS: Main Provisions on Copyright
4) Exceptions to exclusive rights must belimited to special cases which do notconflict with normal exploitation of thework & do not unreasonably prejudice the
legitimate interests of the rights-holder.5) Recognition of the 50 year minimum
exclusivity term for works
6) Recognition of rights of performers,producers of phonograms, & broadcastingorganizations
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*Trademark
consists of any sign, or combination of signs,
capable ofdistinguishing the goods or services ofone person from those of another, includingpersonal names, designs, letters, numerals,colors, figurative elements, shape of goods, or
their packaging. TMs include service marks,collective marks, & may include certificationmarks.
*Trade Secrets
are information deriving its value from not beingknown or available to the public competitors, orother parties who might otherwise gain benefitfrom its disclosure or use.
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*Geographical Indications
(sometimes called appellations of origin) are any
indication that identifies a product as originating
in the territory of a Member, or a region or
locality therein, for reason of which a particular
quality, reputation, or other characteristic of theproduct is essentially attributable to
geographical origin.
*Industrial Design
is the shape, configuration, pattern orornamentation of a useful article but not a
method or principle ofconstruction
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Something Special About TRIPS
TRIPS is the only GATT/WTO Frameworkagreement that incorporates the provisionsof other essentially unenforceableinternational agreements & makes themenforceable under the GATT/WTO DisputeSettlement process
TRIPS goes beyond the Paris & Berne
Conventions to provide additionalprotection by establishing minimumstandards for the protection of intellectualproperty rights.
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THANK YOU