AGREEMENT ON TRADE RELATED ASPECTS OF IPR

8/7/2019 AGREEMENT ON TRADE RELATED ASPECTS OF IPR

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AGREEMENT ON TRADE RELATED

ASPECTS OF IPR

-PRESENTED BY

NISHANTHI.M

4/6/2011Created by Nishanthi.M


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TRIPS

An international agreement administered by the World

Trade Organization (WTO) .

Sets down minimum standards for many forms of

intellectual property (IP) regulation.

TRIPS agreement introduced intellectual property law into

the international trading system for the first time.

Remains the most comprehensive international agreement

on intellectual property to date.



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TRIPS contains requirements

for copyright rights, including the rights of performers,

producers of sound recordings and broadcastingorganizations;

geographical indications, including appellations of origin;

industrial designs;

integrated circuit layout-designs;

patents;

monopolies for the developers of new plant varieties;

trademarks; trade dress; and

undisclosed or confidential information



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Background and History

TRIPS was negotiated at the end of the UruguayRound of the General Agreement on Tariffs and

Trade (GA

TT) treaty in 1994. Any country seeking to obtain easy access to the

numerous international markets opened by theWorld Trade Organization must enact the strict

intellectual property laws mandated by TRIPS. Unlike other treaties on intellectual property,

TRIPS has a powerful enforcement mechanism.



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Requirements of TRIPS

Member states to provide strong protection

for intellectual property rights.

Copyright terms must extend to 50 years after thedeath of the author, although films and photographsare only required to have fixed 50 and to be at least 25year terms, respectively.(Art.7(2),(4))

Copyright must be granted automatically, and notbased upon any "formality", such as registrations orsystems of renewal.



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Controversy

It has received a growing level of criticism fromdeveloping countries, academics, and Non-governmental organizations.

Some of this criticism is against the WTO as a

whole, but many advocate of trade liberalizationalso regard TRIPS as bad policy.

The most visible conflict has been over AIDSdrugs inAfrica.

Access to essential medicines. Software and business method patents.



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Implementation in Developing

Countries Obligations under TRIPS

Transition period for developing countries expired in2005.

For least developed countries was extended to 2016,and could be extended beyond that.

Developing countries are massive net-exportersof copyright-, patent- and trademark-related

royalties. A 2005 report by the WHO found that many

developing countries have not incorporatedTRIPS flexibilities.



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Post-TRIPs Expansionism

Creation of anti-circumvention laws to

protect Digital Rights Management systems.

The 2001 EU Copyright Directive was toimplement the 1996 WIPO Copyright treaty.

The campaign for the creation of a WIPO

Broadcasting Treaty that would givebroadcasters (and possibly webcasters)

exclusive rights over the copies of works they

have distributed.



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Structure of Agreement on

Trade-Related Aspects ofIntellectual Property Rights

The TRIPS Agreement builds on the main

international conventions on intellectualproperty rights by incorporating (byreference) most of their provisions.

It further provides that countries may in

pursuance of these conventions guaranteehigher protection than is required by theTRIPS Agreement, as long as it does notcontravene theAgreements provisions.



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Main provisions of the

Agreement Basic principles and general obligations.

Minimum standards of protection covering: The subject matter protected,

The rights conferred, Permissible exceptions to those rights, and

The minimum duration of protection.

Anti-competitive practices in contractual licenses.

Domestic procedures and remedies for the

enforcement of intellectual Property rights.

Transitional arrangements for the implementation ofthe rules at the National level.



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Challenges

Obligations to change IPR systems.

Difficulties in using reverse engineering.

Issues relating to traditional knowledge.



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Advantages

The encouragement of creativity and

innovation;

The transfer of technology on commercialterms to business enterprises in developingcountries;

The protection of consumers by controllingthe trade in counterfeit goods; and

Both the export and the import trade.



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Conclusion

If trade-related IPR friction is to be avoided, it

is necessary for all business enterprises

engaged in foreign trade not only tofamiliarize themselves with the system set up

by theAgreement but to be fully aware of the

obligations it imposes and the rights it

creates in their favor. Briefing governments to meet some of the

concerns of the business community.



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AGREEMENT ON TRADE RELATED ASPECTS OF IPR