AGREEMENT ON TRADE RELATED ASPECTS OF IPR
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Transcript of AGREEMENT ON TRADE RELATED ASPECTS OF IPR
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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
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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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