TRIPS

Trade-Related Aspects Of Intellectual

Property Rights
 A Presentation

By
Anurag saraogi
Gs Raja
Muzaffar Hussain
Pravesh mewara
 GATT

A multilateral trading system was

created in 1948 as the General
Agreement on Tariffs and Trade.

In 1995, GATT became

WTO
 GATT / WTO
The World Trade Organization (WTO) is the only
Global international organization dealing with the rules
of trade between nations. At its heart are the WTO
agreements, negotiated and signed by the bulk of the
world’s trading nations and ratified in their parliaments.
The goal is to help producers of goods and services,
exporters, and importers conduct their business (146
members; 30 observers; others)
UN; UNCTAD; IMF; WB; FAO; WIPO; OECD
 About WIPO
The World Intellectual Property Organization (WIPO) is an
international organization dedicated to promoting the use and
protection of works of the human spirit. These works –
intellectual property – are expanding the bounds of science
and technology and enriching the world of the arts. Through
its work, WIPO plays an important role in enhancing the
quality and enjoyment of life, as well as creating real wealth
for nations.

With headquarters in Geneva, Switzerland, WIPO is one of

the 16 specialized agencies of the United Nations systems of
organizations. It administers 23 international treaties dealing
with different aspects of intellectual property protection. The
Organization counts 179 nations as member states.
 WIPO
Objectives of the Organization
The objectives of the Organization are :
(i) To promote the protection of intellectual
property throughout the world through
cooperation among States and, where
appropriate, in collaboration with any
other international organization,
(ii) To ensure administrative cooperation
among the Unions.
 Treaties & Contracting Parties

• Intellectual Property Protection Treaties

• Global Protection System Treaties
• Classification Treaties
 TRIPS

The TRIPS (Trade Related Aspects of

Intellectual Property Rights)
Agreement came into being with the
establishment of the WTO (World
Trade Organization) effective from 1st
January, 1995
The Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPs)

The most detailed and

comprehensive
multilateral agreement
on intellectual property
yet negotiated.
The Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPs)

• TRIPS introduced intellectual property

rules into the multilateral trading system
for the first time.
• Membership in WTO requires a country to
agree to adopt the minimum standards for
intellectual property regulation.
• IP laws are established and enforced by
each individual Member Country.
The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPs)

• How basic principles of the trading system and

other international intellectual property
agreements should be applied.
• How to give adequate IP protection.
• How to enforce IP rights.
• How to settle disputes on IP between members of
the WTO.
• Special transitional arrangement.
 What areas are covered by
TRIPS?
The intellectual property areas covered by the
TRIPs Agreement are:
• Copyright and related rights
• Trademarks
• Industrial designs
• Patents
• Layout-designs (topographies) of integrated circuits
• Undisclosed information, including trade secrets
• Enforcement
 Current Issues Under TRIPs

• Trademarks
• Geographical Indicators

• Enforcement
• TRIPs Plus

• Patents
• Data Exclusivity
• CBD
 TRIPS

Intellectual Property Rights itself is

defined, in the context of the TRIPS
as a right given to people over the
creations of their minds. It usually
gives the creator an exclusive right
over the use of his creations for a
certain period of time.
 TRIPS
The TRIPS Agreement consists of 73 articles contained in the
following seven parts :
Part I : General provisions and basic principles
Part II : Standards concerning the availability, scope
and use of Intellectual Property Rights
Part III : Enforcement of Intellectual Property Rights
Part IV : Acquisition and maintenance of Intellectual
Property Rights and related inter-partes procedures
Part V : Dispute prevention and settlement
Part VI : Transitional arrangements
Part VII : Institutional arrangements; final provisions
 TRIPS
For the purpose of TRIPS Agreement, intellectual
property refers to all categories of intellectual property
that are the subject of Sections 1 to 7 of Part II of the
TRIPS Agreement viz.
1) Copyright and related rights
2) Trademarks
3) Geographical Indications
4) Industrial Designs
5) Patents
6) Layout-Designs (Topographies) of Integrated Circuits
7) Protection of undisclosed information
8) Control of anti-competitive practices in contractual
licences
 TRIPs Art. 22: Geographical
Indications

• “[I]ndications which identify a good as

originating in the territory of a Member, or a
region or locality in that territory, where a
given quality, reputation or other
characteristic of the good is essentially
attributable to its geographic origin.”

• Examples: Idaho potatoes, Napa Valley wine,

Washington State apples
 Geographical Indicators (GI)

U.S., Australia, Canada and others:

• Private rights to be enforced by right holder.
• Subject to priority rules (a later-in-time GI cannot trump
an earlier established trademark).

European view:
• Monitored and enforced by the government.
• Trump pre-existing trademarks containing the terms.
(would repatriate generic terms).
 Geographical Indications as Certification Marks

• GIs are a subset of trademarks because

they are source-identifiers, guarantees of
quality, and business interests.
Examples of Foreign Geographical Indications for
Foodstuffs
Protected in the United States
 “COLOMBIAN”
• U.S. Registration No.
1,160,492 (registered
July 7, 1981)
• For “coffee”
• “The mark certifies that the
coffee was grown in the
Republic of Colombia and that
such coffee has been subjected
to standards inspection
authorized by applicant and …
passing recognized current
minimum quality standards
required for such export as set
and enforced by said
Federacion….” Registrant: Republic of Colombia
 “DARJEELING”
• U.S. Registration
No. 2,685,923
• For “Tea”
• “The certification mark, as used
by authorized persons, certifies
that the tea contains at least one
hundred percent (100%) tea
originating in the Darjeeling
region of India and that the blend
meets other specifications
established by the certifier.”
Registrant: Tea Board of India
 “Egyptian Cotton”
• Application Serial No.
76-229673
• For (a variety of
products made wholly or
substantially of Egyptian
cotton)
• “The certification mark,
intended to be used by
authorized persons, is
intended to certify that the
products identified above
contain 100% Egyptian Applicants: Alexandria Cotton Exporters
Barbadense cotton.” Association and the Egyptian Ministry of
Economy and Foreign Trade
 “Parmigiano Reggiano”
• U.S. Trademark
Registration Nos.
1,754,410; 1,892,496;
1,896,683; 2,320,595
• For “Cheese”
• “The certification mark, as used by
person authorized by the certifier,
certifies that the goods originate in
the Parma-Reggio region of Italy,
specifically the zone comprising the
territory of the provinces of Parma,
Reggio Emilia, Modena and Mantua
on the right bank of the river Po and
Bolgona on the left Bank of the river
Reno.”
 TRIPS Art. 41-61: Enforcement

Part III Enforcement of

Intellectual Property
Rights
1. General Obligations
2. Civil and Administrative
Procedures and Remedies
3. Provisional Measures
4. Special Requirements Related
to Border Measures
5. Criminal Procedures
 TRIPs Art. 41: General
Principles

• “Members shall ensure that

enforcement procedures … are
available under the law to permit
effective action against infringement of
intellectual property rights…”
• “expeditious remedies”
• “constitute a deterrent”
 TRIPs Plus: Improving TRIPs
Standards

• Pre-established damages available at

election of rightholder.
• Seizure of documentary evidence
related to infringement.
• Goods found to be infringing and the
materials and implements used to
create them shall be destroyed.
 TRIPs Plus: Improving TRIPs
Standards

• Require infringer to provide information

regarding others involved in infringement,
means of production and channels of
distribution.
• Enforcement procedures for technical
protection measures and rights
management information.
• “Ex officio” authority for criminal and
border measures.
 TRIPs Plus: Improving TRIPs
Standards

• Criminal procedures even where no

motive of financial gain.
• Seizure and forfeiture of goods, assets,
means to produce and evidence.
• Criminal procedures for trafficking in
counterfeit labels.
• Internet Service Provider liability.
 TRIPs and Patent Issues

1. Data exclusivity for pharmaceuticals

and agrochemicals

2. UN Convention on Biological
Diversity
 TRIPs and Patent Issues
“Data exclusivity”: Test data that
demonstrates a drug or agrochemical’s
safety and efficacy, which is required by
a drug regulatory authority for marketing
approval.
TRIPs Art. 39.3: Protection of
Undisclosed Information
• “Members … shall protect such
[undisclosed test] data against unfair
commercial use.”
• “Members shall protect such data against
disclosure, except where necessary to
protect the public, or unless steps are
taken to ensure that the data are protected
against unfair commercial use."
 TRIPs and Patent Issues

• Is there a conflict between TRIPs and

the UN Convention on Biological
Diversity, protection of traditional
knowledge and folklore?
(Doha Ministerial Declaration, Para. 19)
 COPYRIGHT
What is Copyright ?

Copyright is a legal term describing rights

given to creators for their literary and
artistic works
 COPYRIGHT
What is covered by Copyright ?

The kinds of works covered by copyright include :

literary works such as novels, poems, plays,
reference works, newspapers and computer
programs; databases; films, musical compositions,
and choreography; artistic works such as paintings,
drawings, photographs and sculpture; architecture;
and advertisements, maps and technical drawings.
COPYRIGHT - extention
IT Revolution !
Recordings
Broadcastings
Audio visual works

Computer programs
Digital databases
Internet/web
Cable and SatelliteT.V.
 Distinction and degree of
protection
Copyright – Expression of ideas
– Protection is specific and its
protection scope is fairly narrow
Patents – novel idea itself when applied and
useful.
– can cover a relatively broader
scope including various
applications or programs.
 INDUSTRIAL DESIGN
An industrial design is the ornamental or aesthetic aspect of an
article. The design may consist of three-dimensional features,
such as the shape or surface of an article, or of two-dimensional
features, such as patterns, lines or color.

Industrial designs are applied to a wide variety of products of

industry and handicraft: from technical and medical instruments to
watches, jewelry, and other luxury items; from housewares and
electrical appliances to vehicles and architectural structures; from
textile designs to leisure goods.

To be protected under most national laws, an industrial design

must appeal to the eye. This means that an industrial design is
primarily of an aesthetic nature, and does not protect any technical
features of the article to which it is applied.
 TRADEMARK
A trademark is a distinctive sign which identifies
certain goods or services as those produced or provided
by a specific person or enterprise.

Its origin dates back to ancient times, when craftsmen

reproduced their signatures, or “marks” on their artistic
or utilitarian products. Over the years these marks
evolved into today’s system of trademark registration
and protection. The system helps consumers identify
and purchase a product or service because its nature and
quality, indicated by its unique trademark, meets their
needs.
THANK YOU !

HAVE AN
‘IPR’ DAY !