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8/3/2019 IPTM IPR-WTO

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Sanjay Kumar


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Emerged from the ashes of the Havana Charter

The General Agreement on Trade and Tariff (GATT) was signed onOctober, 1947 and came into force from January, 1948

It has been signed by 92 government including India

It had a permanent council of representative with head quarter at Geneva.

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To follow MFN principal Carry out trade on the principal of non

discrimination, reciprocity and transparency

To grant protection to domestic industrythrough tariffs only

To liberalize tariff and non tariff measuresthrough multilateral negitiation

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MFN Schedules of Tariff Concessions

General Elimination of quantitative

restrictions Emergency safeguard

Exceptions

Subsidies and countervailing duties

Settlement of disputes

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Different rounds of GATT of global tradenegotiation(Geneva-1947,Annecy, France-1949,Torquay,England-1950, Geneva-1955,62,67 , Tokyo-1973-79,Uruguay-1986-1994(Dunkel Draft Text)

Negotiation were held on 15 important areas and finallyreshuffled into seven areas which included: Agriculture,textile, GATS, Rule making, TRIMS&TRIPS, Disputesettlement and market access

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WTO Came into existence on 1-1-1995 with the conclusion ofUruguay Round Multilateral Trade Negotiations at Marrakesh on 15thApril 1994

The WTO has 153 members, representing more than 97% of

total world tradeand 30 observers governed by a ministerial conference, meeting every two

years; a general council, which implements the conference'spolicy decisions and is responsible for day-to-dayadministration; and a director-general, who is appointed by

the ministerial conference. The WTO's headquarters is at theCentre William Rappard, Geneva, Switzerland.

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http://en.wikipedia.org/wiki/Centre_William_Rappardhttp://en.wikipedia.org/wiki/Genevahttp://en.wikipedia.org/wiki/Switzerlandhttp://en.wikipedia.org/wiki/Switzerlandhttp://en.wikipedia.org/wiki/Genevahttp://en.wikipedia.org/wiki/Centre_William_Rappardhttp://en.wikipedia.org/wiki/Centre_William_Rappard


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It oversees the implementation, administration and operation of thecovered agreements

It provides a forum for negotiations and for settling disputes

Additionally, it is the WTO's duty to review and propagate thenational trade policies, and to ensure the coherence andtransparency of trade policies through surveillance in global

economic policy-making.[ Another priority of the WTO is the assistance ofdeveloping, least-

developed and low-income countries in transition to adjust to WTOrules and disciplines through technical cooperation and training.

The WTO is also a center of economic research and analysis: regularassessments of the global trade picture in its annual publications

and research reports on specific topics are produced by theorganization.

Finally, the WTO cooperates closely with the two other componentsof the Bretton Woods system, the IMF and the World Bank.

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http://en.wikipedia.org/wiki/Developing_countrieshttp://en.wikipedia.org/wiki/Developing_countries


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Non-Discrimination Reciprocity Binding and enforceable commitments Transparency Safety valves

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The WTO oversees about 60 different agreementswhich have the status of international legal texts

Agreement on Agriculture , General Agreement onTrade in Services, Agreement on Trade-Related

Aspects of Intellectual Property Rights, Agreementon the Application of Sanitary and PhytosanitaryMeasures, Agreement on Technical Barriers toTrade, Agreement on Customs Valuation etc. aresome of the broad groups.

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http://en.wikipedia.org/wiki/Agreement_on_Agriculturehttp://en.wikipedia.org/wiki/General_Agreement_on_Trade_in_Serviceshttp://en.wikipedia.org/wiki/General_Agreement_on_Trade_in_Serviceshttp://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rightshttp://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rightshttp://en.wikipedia.org/wiki/Agreement_on_the_Application_of_Sanitary_and_Phytosanitary_Measureshttp://en.wikipedia.org/wiki/Agreement_on_the_Application_of_Sanitary_and_Phytosanitary_Measureshttp://en.wikipedia.org/wiki/Agreement_on_the_Application_of_Sanitary_and_Phytosanitary_Measureshttp://en.wikipedia.org/wiki/Agreement_on_Technical_Barriers_to_Tradehttp://en.wikipedia.org/wiki/Agreement_on_Technical_Barriers_to_Tradehttp://en.wikipedia.org/wiki/WTO_Agreement_on_Customs_Valuationhttp://en.wikipedia.org/wiki/WTO_Agreement_on_Customs_Valuationhttp://en.wikipedia.org/wiki/Agreement_on_Technical_Barriers_to_Tradehttp://en.wikipedia.org/wiki/Agreement_on_Technical_Barriers_to_Tradehttp://en.wikipedia.org/wiki/Agreement_on_Technical_Barriers_to_Tradehttp://en.wikipedia.org/wiki/Agreement_on_the_Application_of_Sanitary_and_Phytosanitary_Measureshttp://en.wikipedia.org/wiki/Agreement_on_the_Application_of_Sanitary_and_Phytosanitary_Measureshttp://en.wikipedia.org/wiki/Agreement_on_the_Application_of_Sanitary_and_Phytosanitary_Measureshttp://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rightshttp://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rightshttp://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rightshttp://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rightshttp://en.wikipedia.org/wiki/General_Agreement_on_Trade_in_Serviceshttp://en.wikipedia.org/wiki/General_Agreement_on_Trade_in_Serviceshttp://en.wikipedia.org/wiki/General_Agreement_on_Trade_in_Serviceshttp://en.wikipedia.org/wiki/Agreement_on_Agriculture


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is an international agreement administered by the WTO thatsets down minimum standards for many forms ofintellectualproperty (IP) regulation as applied to nationals of other WTOMembers.

It was negotiated at the end of the Uruguay Round of the

GATT in 199 The TRIPS agreement introduced intellectual property law into

the international trading system for the first time and remainsthe most comprehensive international agreement onintellectual property to date.

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http://en.wikipedia.org/wiki/International_agreementhttp://en.wikipedia.org/wiki/Intellectual_propertyhttp://en.wikipedia.org/wiki/Intellectual_propertyhttp://en.wikipedia.org/wiki/Uruguay_Roundhttp://en.wikipedia.org/wiki/Uruguay_Roundhttp://en.wikipedia.org/wiki/Intellectual_propertyhttp://en.wikipedia.org/wiki/Intellectual_propertyhttp://en.wikipedia.org/wiki/International_agreement


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Intellectual property rights are the rights given to persons over the

creations of their minds. They usually give the creator an exclusive right

over the use of his/her creation for a certain period of time

a term referring to a number of distinct types of creationsof the mind for which property rights are recognised--and the corresponding fields of law.

Under intellectual property law, owners are grantedcertain exclusive rights to a variety of intangible assets,such as musical, literary, and artistic works; discoveries

and inventions; and words, phrases, symbols, anddesigns.

Common types of intellectual property includecopyrights, trademarks, patents, industrial design rightsand trade secrets in some jurisdictions.
http://en.wikipedia.org/wiki/Exclusive_righthttp://en.wikipedia.org/wiki/Copyrighthttp://en.wikipedia.org/wiki/Trademarkhttp://en.wikipedia.org/wiki/Patenthttp://en.wikipedia.org/wiki/Industrial_design_righthttp://en.wikipedia.org/wiki/Trade_secrethttp://en.wikipedia.org/wiki/Trade_secrethttp://en.wikipedia.org/wiki/Industrial_design_righthttp://en.wikipedia.org/wiki/Patenthttp://en.wikipedia.org/wiki/Trademarkhttp://en.wikipedia.org/wiki/Copyrighthttp://en.wikipedia.org/wiki/Exclusive_right


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Modern usage of the term intellectual propertygoes back at least as far as 1888 with the foundingin Bern of the Swiss Federal Office for IntellectualProperty

The organisation subsequently relocated to Genevain 1960, and was succeeded in 1967 with theestablishment of the World Intellectual PropertyOrganization (WIPO) by treaty as an agency of theUnited Nations.

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http://en.wikipedia.org/wiki/Bernhttp://en.wikipedia.org/wiki/Swiss_Federal_Office_for_Intellectual_Propertyhttp://en.wikipedia.org/wiki/Swiss_Federal_Office_for_Intellectual_Propertyhttp://en.wikipedia.org/wiki/World_Intellectual_Property_Organizationhttp://en.wikipedia.org/wiki/World_Intellectual_Property_Organizationhttp://en.wikipedia.org/wiki/Convention_Establishing_the_World_Intellectual_Property_Organizationhttp://en.wikipedia.org/wiki/United_Nationshttp://en.wikipedia.org/wiki/United_Nationshttp://en.wikipedia.org/wiki/Convention_Establishing_the_World_Intellectual_Property_Organizationhttp://en.wikipedia.org/wiki/World_Intellectual_Property_Organizationhttp://en.wikipedia.org/wiki/World_Intellectual_Property_Organizationhttp://en.wikipedia.org/wiki/Swiss_Federal_Office_for_Intellectual_Propertyhttp://en.wikipedia.org/wiki/Swiss_Federal_Office_for_Intellectual_Propertyhttp://en.wikipedia.org/wiki/Bern


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The history of patents does not begin withinventions, but rather with royal grants by QueenElizabeth I (1558-1603) for monopoly privileges.

Approximately 200 years after the end of

Elizabeth's reign, however, a patent represents alegal [right] obtained by an inventor providing forexclusive control over the production and sale ofhis mechanical or scientific invention...[demonstrating] the evolution of patents from royalprerogative to common-law doctrine.

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http://en.wikipedia.org/wiki/Queen_Elizabeth_Ihttp://en.wikipedia.org/wiki/Queen_Elizabeth_Ihttp://en.wikipedia.org/wiki/Queen_Elizabeth_Ihttp://en.wikipedia.org/wiki/Queen_Elizabeth_I


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Intellectual property rights are the recognition of a propertyin an individual creation.

Intellectual property rights are usually limited to non-rivalgoods, that is, goods which can be used or enjoyed by manypeople simultaneouslythe use by one person does not

exclude use by another. This is compared to rival goods, such as clothing, which may

only be used by one person at a time. For example, anynumber of people may make use of a mathematical formulasimultaneously.

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http://en.wikipedia.org/wiki/Rivalry_(economics)http://en.wikipedia.org/wiki/Rivalry_(economics)http://en.wikipedia.org/wiki/Rivalry_(economics)http://en.wikipedia.org/wiki/Rivalry_(economics)http://en.wikipedia.org/wiki/Rivalry_(economics)http://en.wikipedia.org/wiki/Rivalry_(economics)


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To reduce distortions and impediments to internationaltrade and take into account the need to promote competentas well as adequate protection of IPRs

To ensure that measures and procedures to enforce IPRs donot themselves become barriers to legitimate trade

To reduce tensions by reaching strengthened commitmentto resolve disputes on trade-related IP issues throughmultilateral procedures

To establish a mutually supportive relationship betweenthe World Trade Organisation (WTO) and WorldIntellectual Property Organisation (WIPO)

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Non-discrimination features prominently in TRIPS, similarto GATT and GATS,by following principles of:

National Treatment (Article 3): Equal treatment for foreignand domestic individuals and companies

Most Favoured Nation (Article 4): Equal treatment fornationals of all trading partners in the WTO

TRIPS Agreement has additional important principle:Intellectual property protection should contribute totechnical innovation and transfer of technology

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Respects the standards and complies with the multilateral

conventions administered by WIPO

Incorporation of explicit provision of various conventionsin WIPO into TRIPS agreement allows WTO panels to

interpret them

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Member countries must create office and operate

governmental offices for the acquisition and maintenance

of IPRs

Procedures for granting and registration of IPR must be

reasonable

Member country's law must provide for opposition,

revocation and cancellation

Member country may adopt measures to protect public

health and the public interest

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Copyright grants exclusive rights to the creator oforiginal scientific, artistic and literary works

Original is key in defining a work that qualifies for

copyright protection The term of protection

Countries to confine limitations or exceptions toexclusive rights to certain special cases which do notconflict with exploitation of the work and not prejudicialto right holder

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Trademark protects any word, name, logo or device used toidentify, distinguish or indicate the source of goods orservices

Includes trade dress (the total image and overall appearanceof a product) and product configuration (the shape if nonfunctional)

The purpose is to safeguard the integrity of products and toprevent product confusion and unfair competition

The term of protection (initial registration and each renewal

of registration of a trademark shall be for a term of no lessthan 7 years)

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GIs are denominations that identify a good as originatingin a region or locality, where the reputation and quality ofgood is essentially attributable to its geographical origin

(for example: Darjeeling tea of India) TRIPS prohibits the use of GIs in such a way as to cause

deception and provides for injunctive relief, refusal oftrademark registration, etc

Exceptions such as Countries are not obliged to bring ageographical indication under protection, where it hasbecome a generic term for describing the product inquestion

The term of protection

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Protects the artistic aspect (namely, texture, pattern,shape) of an object instead of the technical features

The term of protection (amount to at least 10 years) Amount to allow the term to be divided into two

periods (for example two periods of five years) The third party is prohibited from making, selling or

importing articles bearing a design which is a copy of theprotected design, when such acts are undertaken forcommercial purposes

Exception: optional mandate, if introduced then suchexceptions do not unreasonably conflict with the normalexploitation of protected industrial designs and do notunreasonably prejudice the legitimate interests of theowner of the protected design

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The TRIPS Agreement requires Member countries tomake patents available for any inventions, whetherproducts or processes, in all fields of technology withoutdiscrimination, subject to novelty, inventiveness andindustrial applicability

Invention to be novel,useful and non-obvious

The agreement allows countries to exclude inventions

from patentability on following grounds:

Inventions necessary to protect ordre public or morality;including to protect human, animal or plant life or health

or to avoid serious prejudice to the environment

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Diagnostic, therapeutic and surgical methods for thetreatment of humans or animals

Plants and animals other than micro-organisms and

essentially biological processes for the production of plants

or animals other than non-biological and microbiologicalprocesses

Limited Exceptions

Compulsory Licensing

The term of protection (for a period of 20 years countedfrom the filing date)

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It refers to mask works (topographies) of the integrated

circuits, the stencils used to etch or encode an electrical

circuit on a semiconductor chip

Protection conferred to original layout-

design/topographies

Exclusive rights include the right of reproduction and the

right of importation, sale and other distribution for

commercial purposes

The term of protection (ten years form the date of first

commercial exploitation)

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The protection must apply to information that is secret, thathas commercial value because it is secret and that has been

subject to reasonable steps to keep it secret

Trade secrets consist of formulae, patterns, process or

compilation of information. (for example the formula for asports drink)

In most countries, they are not subject to registration but are

protected through laws against unfair competition

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Exploit the IPR himself License the IPR to another party (s) with mutually negotiated

benefit sharing arrangements

Cross License for mutually independent working and / orcollaborative working

Assign the IPR to another party (s) for an appropriate return Barter rights

Establish a franchise system involving other parties

Take action against those who infringe his rights

Let the rights selectively lapse in certain countries

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Two main competing theories: Universal or international exhaustion theory: An IPRholders right are exhausted on the first sale of the

protected product anywhere in the world Domestic or territorial exhaustion theory: The rightholders IP are not exhausted until after the first sale of theproduct in the territory in which he holds the rights

The resolution of exhaustion issues is left to national laws

and there are are no international or customary law normsin this area

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Standards: The agreement expresses minimum standards ofprotection

(I) The subject matter to be protected

(II) The rights to be conferred and permissible exceptions

(III) The minimum period of protection

Enforcement

(I) Provisions for domestic procedure and remedies for theenforcement of the IPRs

(II) Includes general principle applicable to IPR enforcement

procedure apart from administrative, civil and criminalprocedure available for enforcement of rights of the rightholder

Dispute settlement: The agreement further provides for thesettlement of disputes over IPR among the member states within theparameters of dispute settlement procedure

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Council for Trade Related Aspects of Intellectual Property

Rights (TRIPS)

Dispute Settlement Body (DSB)

Current Negotiations in special sessions (SS)

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Benefits and costs of higher IP standards for developingcountries

Protection of traditional knowledge and culture

Biological diversity Health

Food

Investment and transfer of technology

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Transitional arrangements

Developed countries to provide

(I) Incentives for transfer of technology to Least

Developed Countries (LDCs)

(II) Technical assistance and financial support to

developing countries in preparing laws and

regulations on protection and enforcements of IPRs

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Thanks !!!!

For further query and

discussion you can find me

@

Sr. Scientist @ I/C ARIS

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