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TRADE-RELATED

INTELLECTUAL PROPERTYRIGHTS

(TRIPs)

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Introduction

The Agreement on Trade Related Aspects of

Intellectual Property Rights (TRIPS) is an

international agreement administered by the

World Trade Organization (WTO) that sets downminimum standards for many forms of intellectual

property (IP) regulation as applied to nationals of

otherWTO Members.

It was negotiated at the end of the Uruguay Roundof the General Agreement on Tariffs and Trade

(GATT) in 1994.

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TRIPS in the WTO

General Council

TRIPS

Coun

cil

TRIPS

Council

Special

Session

Neg Group on

Market AccessNeg Groupon RulesSpecial

Sessions

Trade Negotiating

CommitteeDoha Development Agenda

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TRIPSCOUNCIL

H.E. Mr. Dacio CASTILLO(Honduras)

REGULAR SESSIONReview of legislation,

public health,Biotech./TK/biodiversity, etc.

SPECIAL SESSION

Negotiations /mult. Systemof notif.

Work of the TRIPS CouncilThe Council for TRIPS is the body, open to all

members of the WTO, that is responsible for adminstering the TRIPS

Agreement, in particular monitoring the operation of the Agreement (Article 68

http://www.wto.org/english/docs_e/legal_e/27-trips_09_e.htmhttp://www.wto.org/english/docs_e/legal_e/27-trips_09_e.htmhttp://www.wto.org/english/docs_e/legal_e/27-trips_09_e.htmhttp://www.wto.org/english/docs_e/legal_e/27-trips_09_e.htm

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Sections/ Parts

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Scope of Agreement

The Doha declaration is a WTO statement that

clarifies the scope of TRIPS, stating for example

that TRIPS can and should be interpreted in light

of the goal "to promote access to medicines

for all."

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Most visible conflict

The most visible conflict has beenoverAIDS drugs inAfrica. Despite the role that

patents have played in maintaining higher drug

costs for public health programs across Africa,

this controversy has not led to a revision ofTRIPs. Instead, an interpretive statement,

the Doha Declaration, was issued in November

2001, which indicated that TRIPs should not

prevent states from dealing with public healthcrises. After Doha, PhRMA, the United States and

to a lesser extent other developed nations began

working to minimize the effect of the declaration

http://en.wikipedia.org/wiki/AIDShttp://en.wikipedia.org/wiki/AIDS_in_Africahttp://en.wikipedia.org/wiki/Doha_Declarationhttp://en.wikipedia.org/wiki/PhRMAhttp://en.wikipedia.org/wiki/PhRMAhttp://en.wikipedia.org/wiki/Doha_Declarationhttp://en.wikipedia.org/wiki/AIDS_in_Africahttp://en.wikipedia.org/wiki/AIDS

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examples )

Copyright terms must extend at least 50 years, unless based on the life ofthe author. (Art. 12 and 14)

Copyright must be granted automatically, and not based upon any "formality,"such as registrations, as specified in the Berne Convention. (Art. 9)

Computer programs must be regarded as "literary works" under copyrightlaw and receive the same terms of protection.

National exceptions to copyright (such as "fair use" in the United States) are

constrained by the Berne three-step test Patents must be granted for "inventions" in all "fields of technology" provided

they meet all other patentability requirements (although exceptions forcertain public interests are allowed (Art. 27.2 and 27.3) and must beenforceable for at least 20 years (Art 33).

Exceptions to exclusive rights must be limited, provided that a normal

exploitation of the work (Art. 13) and normal exploitation of the patent (Art30) is not in conflict.

No unreasonable prejudice to the legitimate interests of the right holders ofcomputer programs and patents is allowed.

Legitimate interests of third parties have to be taken into account by patentrights (Art 30).

In each state, intellectual property laws may not offer any benefits to localcitizens which are not available to citizens of other TRIPS signatories underthe principle of national treatment (with certain limited exceptions, Art. 3 and

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Implementation in developing

countries

The obligations under TRIPS apply equally to allmember states, howeverdevelopingcountries were allowed extra time to implementthe applicable changes to their national laws, in

two tiers of transition according to their level ofdevelopment.

The transition period for developing countriesexpired in 2005.

The transition period forleast developedcountries to implement TRIPS was extended to2013, and until 1 January 2016 forpharmaceutical patents, with the possibility offurther extension

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

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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 intellectual

property rights

How countries should enforce those rights

adequately in theirown 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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What is Intellectual Property?

Intellectual property rights can be defined as the rights

given to people over the creations of their minds. Theyusually give the creator an exclusive right over the use

of his/her creations for a certain period of time.

Intellectual Property comprises 2 distinct forms:

1. Copyright and rights related to copyright:

2. Industrial property:

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Copyright and rights related to copyright: i.e. rights

granted to authors of literary and artistic works, and therights of performers, producers of phonograms andbroadcasting organizations. The main purpose ofprotection of copyright and related rights is to encourage

and reward creative work. Industrial property: This includes (1) the protection of

distinctive signs such as trademarks and geographicalindications, and (2) industrial property protected primarilyto stimulate innovation, design and the creation of

technology. In this category fall inventions (protectedby patents), industrial designs and trade secrets.

TRIPS includes copyright and relatedrights, trademarks, geographical indications, industrialdesigns, patents, integrated circuit layout-

designs and protection of undisclosed information.

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references

http://www.wto.org/english/thewto_e/secre_e/current_chairs_e.htm#trips

http://en.wikipedia.org/wiki/Agreement_on_Trade-

Related_Aspects_of_Intellectual_Property_Rights

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Does the TRIPS Agreement apply to all WTO members?

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All the WTO agreements (except for a couple of plurilateral

agreements) apply to all WTO members. The members each accepted

all the agreements as a single package with a single signature

making it, in the jargon, a single undertaking.

The TRIPS Agreement is part of that package. Therefore it applies to all

WTO members. (More on the single undertaking.)

But the agreement allows countries different periods of time to delay

applying its provisions. These delays define the transition from before

the agreement came into force (before 1 January 1995) until it is applied

in member countries.

http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm10_e.htmhttp://www.wto.org/english/tratop_e/trips_e/tripfq_e.htmhttp://www.wto.org/english/docs_e/legal_e/27-trips_08_e.htmhttp://www.wto.org/english/docs_e/legal_e/27-trips_08_e.htmhttp://www.wto.org/english/tratop_e/trips_e/tripfq_e.htmhttp://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm10_e.htm

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What is the place of the TRIPS Agreement in the multilateral trading system?

One of the fundamental characteristics of the TRIPS Agreement is that it makes

protection of intellectual property rights an integral part of the multilateral trading

system, as embodied in the WTO.

The TRIPS Agreement is often described as one of the three pillars of the

WTO, the other two being trade in goods (the traditional domain of the GATT) and

trade in services.

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What is the relationship between the TRIPS Agreement and the pre-existing

international conventions that it refers to?

The TRIPS Agreement says WTO member countries must comply with the

substantive obligations of the main conventions ofWIPO the Paris

Convention on industrial property, and the Berne Convention on copyright(in their most recent versions).

The TRIPS Agreement also introduces additional obligations in areas

which were not addressed in these conventions, or were thought not to be

sufficiently addressed in them.

The TRIPS Agreement is therefore sometimes described as a Berne and

Paris-plus Agreement.

http://www.wto.org/english/tratop_e/trips_e/tripfq_e.htmhttp://www.wto.org/english/tratop_e/trips_e/tripfq_e.htm

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What is WIPO?

The World Intellectual Property Organization (WIPO) was established by a

convention of 14 July 1967, which entered into force in 1970. It has been aspecialized agency of the United Nations since 1974, and administers a number

of international unions or treaties in the area of intellectual property, such as the

Paris and Berne Conventions.

WIPOs objectives are to promote intellectual property protection throughout the

world through cooperation among states and, where appropriate, in

collaboration with any other international organization. WIPO also aims toensure administrative cooperation among the intellectual property unions

created by the Paris and Berne Conventions and sub-treaties concluded by the

members of the Paris Union.

http://www.wipo.int/http://www.wipo.int/

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Does the TRIPS Agreement require all members rules on protection of

intellectual property to be identical?

No, the TRIPS Agreement requires members to comply with certain minimum

standards for the protection of intellectual property rights covered in it.But Members may choose to implement laws which give more extensive

protection than is required in the agreement, so long as the additional protection

does not contravene the provisions of the agreement.

This is why the TRIPS Agreement is sometimes described as a minimum

standards agreement.

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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 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 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 ofindustrial

application.

2) Patents shall be granted in all fields oftechnology.

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 & complete for a skilled person

in the art to carry out the invention.

7) Limited exceptions to the exclusive rights canbe defined by national laws (TRIPS Art. 30)

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8) Conditions for granting other uses without

authorization of the patent-holder (compulsory

licenses) are set forth Members can determinethe grounds to allow such uses.

9) Revocation/forfeiture of a patent is subject to

judicial review.

10) The term of protection shall be at least 20years from the date of application

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Copyright

Copyright is the exclusive right to do certainthings with an original work, including theright 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 Berne

Convention excluding moralrights to the expression

2) Protection ofcomputer programs as literary works

& of compilations of data.

3) Recognition ofrental rights, at least for

phonograms, computer programs, & forcinematographic works.

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Contd.

4) Exceptions to exclusive rights must be limitedto special cases which do not conflict with normal

exploitation of the work & 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, producersof phonograms, & broadcasting organizations

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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, 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 not

beingknown or available to the public competitors,

or other parties who might otherwise gain benefit

from its disclosure or use.

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*Geographical Indications

(sometimes called appellations of origin) are any

indication that identifies a product as originating inthe territory of a Member, or a region or locality

therein, for reason of which a particular quality,

reputation, or other characteristic of the product is

essentially attributable to geographical origin.

*Industrial Design

is the shape, configuration, pattern or

ornamentation of a useful article but not a methodor principle ofconstruction

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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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Thank you