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TRADE-RELATED

INTELLECTUALPROPERTY RIGHTS

(TRIPs)

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The agreement covers five broad issues

How basic principles of the trading system andother international intellectual property agreements

should be applied

How to give adequate protection to intellectualproperty rights

How countries should enforce those rights

adequately in their own territories

How to settle disputes on intellectual propertybetween 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 on

TradeRelated Intellectual Property.

It deals with the protection & enforcement ofTrade-Relatedintellectual property rights.

It establishes minimum levels of protection that

each government has to give to the intellectual

property 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 originalwork, 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 is

the product of an idea or concept or that isdeveloped specifically for commercial purposes.

IndustrialPropertyinclude?* 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 a

right, at least for a period of time, to:

* have their name associated with their product and/or their

authorship associated with it

* get paid for their efforts & to recover their investment, &

* frustrate the efforts of freeridersto make money off their

efforts & investment whilst not having any input.

2) Protection stimulates creativity and innovation necessary

for productivity, competitiveness, and national economic

development

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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 market access &non-discrimination.

2) Trade will be inhibited (& foreign direct investment

frustrated) if the laws of a country do not protect the

IPR of its trading partners and/or prospectiveinvestors.

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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 selling a 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 & completefor 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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Copyr ight

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 original literary or dramatic or musical or

artistic work. include Cinematographic films and Computer

programs and software

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TRIPS: Main Provisions on Copyright

1) Protection of works covered by the BerneConvention excluding moral rights to the expression

2) Protection of computer programs as literary

works & of compilations of data. 3) Recognition of rental 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 be limited

to special cases which do not conflict with

normal exploitation of the work & do not

unreasonably prejudice the legitimate interestsof the rights-holder.

5) Recognition of the 50 year minimum

exclusivity term for works

6) Recognition of rights of performers, producersof phonograms, & broadcasting organizations

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Thank you

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*Trademark

consists of any sign, or combination of signs,

capable of distinguishing the goods or services ofone person from those of another, including

personal names, designs, letters, numerals,

colours, figurative elements, shape of goods, or

their packaging. TMs include service marks,collective marks, & mayinclude certification marks.

*Trade Secrets

are information deriving its value from notbeingknown or available to the public competitors,

or other parties who might otherwise gain benefit

from its disclosure or use.

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*Geog raph ical Ind icat ion s

(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 the product isessentially attributable to geographical origin.

*Indus tr ial Design

is the shape, configuration, pattern or

ornamentation of a useful article but not a methodor principle of construction

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Something Special About TRIPS

TRIPS is the only GATT/WTO Framework agreementthat incorporates the provisions of other essentially

uneforceable international agreements & makes

them enforceable under the GATT/WTO Dispute

Settlement process

TRIPS goes beyond the Paris & Berne Conventions

to provide additional protection by establishing

minimum standards for the protection of intellectualproperty rights.

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