intellectual property rights and trips

8/11/2019 Intellectual Property Rights and Trips

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INTELLECTUAL PROPERTY RIGTHS

AND TRIPS

PRESENTED BY

VISWAS KURUVILLA


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HISTORY

Property rights referring to the creations of

minds.

The extent of protection and enforcement of

these rights varied widely around the world.

The Uruguay Round - Punta del Este,

(Declaration of 20 September 1986)Led to

the creation of the WTO

Owing to the


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URUGUAY ROUND

The agreement covers five broad issues: How basic principles of the trading system and other

international intellectual property agreements shouldbe applied

How to give adequate protection to intellectualproperty rights

How countries should enforce those rights adequatelyin their own territories

How to settle disputes on intellectual property betweenmembers of the WTO

Special transitional arrangements during the periodwhen the new system is being introduced.


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BASIC PRINCIPLES

Non-discrimination features

National treatment (treating ones own nationals

and foreigners equally)

most- favored -nation treatment (equal treatment

for nationals of all trading partners in the WTO)

Intellectual property protection should contribute

to technical innovation and the transfer oftechnology.


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COPYRIGHTS

The TRIPS( Trade Related Intellectual PropertyRights) agreement ensures that computerprograms will be protected as literary works.

Authors of computer programs and producers ofsound recordings must have the right to prohibitthe commercial rental of their works to the public.

The agreement says performers must also have

the right to prevent unauthorized recording,reproduction and broadcast of live performances(bootlegging) for no less than 50 years.


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GEOGRAPHICAL INDICATIONS

Geographical Indication identifies theproducts special characteristics, which are theresult of the products origins.

Using the place name when the product wasmade elsewhere or when it does not have theusual characteristics can mislead consumers,and it can lead to unfair competition. TheTRIPS Agreement says countries have toprevent this misuse of place names.


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INDUSTRIAL DESIGNS

Under the TRIPS Agreement, industrial

designs must be protected for at least 10 years.

Owners of protected designs must be able to

prevent the manufacture, sale or importation of

articles bearing or embodying a design which

is a copy of the protected design.


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PATENTS

The agreement says patent protection must beavailable for inventions for at least 20 years.

Patent protection must be available for both

products and processes, in almost all fields oftechnology.

Governments can refuse to issue a patent for

an invention if its commercial exploitation isprohibited for reasons of public order ormorality.


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TRADE SECRETS

Trade secrets and other types of undisclosed

information which have commercial value

must be protected against breach of confidence

and other acts contrary to honest commercial

practices


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ISSUES

How to ensure patent protection forpharmaceutical products does not prevent peoplein poor countries from having access to medicines

Settlement at the Doha Ministerial Conference inNovember 2001. They agreed that the TRIPSAgreement does not and should not preventmembers from taking measures to protect publichealth.

Agreement to extend exemptions onpharmaceutical patent protection for least-developed countries until 2016.


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CURBING ANTI-COMPETITIVE

LICENSING CONTRACTS

The owner of a copyright, patent or other form

of intellectual property right can issue a license

for someone else to produce or copy the

protected trademark, work, invention or

design.


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ENFORCEMENT

Part 3 of TRIPS

The agreement says Governments have to

ensure that intellectual property rights can be

enforced under their laws, and that the

penalties for infringement are tough enough to

deter further violations.


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CONFORMING TO TRIPS

WTO agreements - 1 January 1995

Developed countries were given one year toensure that their laws and practices conform with

the TRIPS agreement. Developing countries and (under certain

conditions) transition economies were given fiveyears, until 2000. Least-developed countries had

11 years, until 2006now extended to 2013 ingeneral, and to 2016 for pharmaceutical patentsand undisclosed information.


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