Difference between revisions of "THE AGREEMENT OF TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS )"

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The Agreement of Trade Related Aspect of Intellectual Property Rights (TRIPS)

Agreement on Trade Related Aspects of Intellectual Property Rights consists of 73 Articles in 7 parts .TRIPS Agreement is a mandatory agreement attached to WTO.Every member of WTO is required to observe the provisions provided under TRIPS ,which agreement has for the first time creates a multilateral framework for enforcement of all Intellectual Property Rights which were so gas left to the nation States to carry out at their discretion under national laws.TRIPS Agreement came into effect on 1st of January 1995 .Moreover,the widely varying standards for the protection of the owner of intellectual property and the enforcement of intellectual property rights were required ,due to lack of proper guidelines regarding this ,TRIPS Agreement was formed.

Need of TRIPS Agreement 1)To provide a multilateral framework of principles ,rules,and disciplines dealing with international trade in counterfeit goods. 2) To manage and handle the disp6s on trade related intellectual property issues through multilateral procedures. 3) To minimize the distortions and impediments to international trade by taking into account the need to promote effective and adequate protection of IPRs and to ensure that measures and procedures to enforce IPRs don't themselves become barriers to legitimate trade. 4) To establish a mutually supportive relationships between the WTO and the WIPO as well as other relevant organizations. 5) To provide for adequate standards and principles concerning the availability,sc4 and use of trade related Intellectual Property Rights. 6) To provide effective and expeditious procedure for the multilateral prevention and settlement of disputes between governments. 7) To provide effective and appropriate means for the enforcement of trade related Intellectual Property rights ,taking into consideration differences in national legal system.

Important Provisions of TRIPS Agreement Obligation of member States - Under this agreement,intellectual property refers to all categories of intellectual property that involves copyright,trademark,industrial designs,geographical indication,patent, Layout designs that are subject to Sec 1 to 7 of Part II.The state members has the obligation to give effect to provisions of this agreement .Members may ,but they shall not be obliged to implement in their domestic law more extensive protection than is required by this Agreement,provided that such protection should not contravene the provisions of this Agreement with their own legal system and practice. Members shall provide equal treatment provided for in this Agreement to the members of others nationals as they used to provide to the members of their own nationals.

TRIPS and other IPR Conventions In respect of Part 2 ,3 and 4 of the Agreement members shall comply with Articles 1 to 12 and 19 of the Paris Convention 1967. Nothing in Parts 1 to 4 of this TRIPS Agreement shall derogatory from the existing obligations that members may have to each other under the Paris Convention,the Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits.

Nature and Scope of Protection available under TRIPS Agreement There are 7 categories of intellectual properties mentioned in Part 2 .The scope and nature of Protection required to be given to each member states are given below - Copyright and other related rights (Article 9 to 14) - The copyright protection shall extend to expression and not to the ideas ,procedures .The producer of phonograms as well the codling of computer applications ,computer system ,literature,broadcasting and sound production are protected under the Agreement. Trademark (Article 15 to 21)-The right of owner of the product or inventor is protected and the owner has exclusive right to exploit it and prevent others for creating such types of product or sale it in the market .The agreement also recognizes right available on the basis of prior use.The term of trademark shall be for an initial term.of 7 years and may be renewed indefinitely. Geographical indication (Article 22 to 24)- In matter relating to geographical indication,the agreement lays down that all parties must provide means to prevent the use of any indication which lead to mislead people on the original growth of the goods if anyone contravene the provisions it leads to unfair competition.Moreover in case of geographical indication,a higher level of protection is provided in order to safeguard the original source of the goods or material. Industrial design(Article 25 to 26)- This agreement also protect the Industrial designers for s period of 10 years.The owner of protected design would be able to prevent the manufacture,sale or importation of articles that is having a design. Patent(Article 27 to 34)- In case of patent,there is a general obligations to comply with the substantive provisions of the Paris Convention 1967.

Enforcement of Intellectual Property Rights Part3 of the TRIPS Agreement on Enforcement of Intellectual Property Rights contains a total article 21 Article is from (41 to 61) divided into five sections. Disputes settlement system The dispute settlement body is one of most powerful and controversial body in WTO.It is a Central element in providing security and predictability to multilateral trading system. The Dispute Settlement Body is empowered to establish panel ,constitute appellate body and adopt panel reports and exer4 surveillance and compliance with the decision. Disputes Settlement Body can take the help of the following bodies for investigation of complaints . Working group Panel Arbitration Permanent expert group

Submitted by - Pallabi Paul