amit presentation 2

8/7/2019 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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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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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

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