TRIPS (Trade related aspects of intellectual property rights )

TRIPS (Trade related aspects of intellectual property rights )

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  TRIPS AGREEMENT Guided by- Presentedby- Dr.Vivekananda Mandal Vinay bisen M.Pharm 1st sem 1 1
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  Q.What is intellectualproperty ? • The property or output produced from human creativity using human intellectual power, creative ideas, critical thinking and mind power such output could take the shape of invention, design, trademark, literary and artistic works etc. Q. What are intellectual property rights ? Intellectual property rights are the legal rights that protects the persons creations This rights give their owners, rights to exclude others from making use of their creation this means that the person creation is protected 2
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  TRIPS ↓ Trade related aspectsof Intellectual property rights ↓ Most comprehensive & multilateral agreement on intellectual property • Trips is an international agreement administered by WTO (world trade organization) • This trips agreement sets down minimum standards for many form of intellectual property regulations and this will be applied to other WTO members 3
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  • The involvementand contribution of intellectual creation of human mind in international trade is enormous. Critical thinking Innovation Make money • If adequate protection is not provided trade aspects may get dismantled 4
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   AlreadythereweresometreatisesuchasParisconventionandBerneconventionfor protectionofintellectualcreationsbuttherewasaneedforacommontreaty  Withmoreemphasisonthetraderelatedaspectsofintellectualproperty,anurgentneed wasfelttoestablishaninternationalagreementinthecontextofGATT  TripsbecameoneofthefocusedareasfordiscussionattheUruguayroundofGATT,which beganin1986  Alongwithotheragreements,theTRIPSagreementwasfinallyagreeduponatthe ministerialmeetinginMarrakesh,MoroccoinApril1994  Andcameintoforceaspartof theWTOagreementonJanuary1st 1995.
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  The four key issuesof TRIPS which were consented upon were- Uniform international standard norms of IPR protection Creating national laws by respective countries for enforcement of IPR protection Settlement of dispute between parties Interrelationship of TRIPS with other agreement like GATT and organization like WIPO and treaties administered by WIPO 6
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  The TRIPS agreementis a very comprehensive treaty with 73 articles divided into seven parts. • PART 1 Sets the general provisions and basic principles member countries have to develop and enact their own domestic laws to implement all the feature of Trips Members shall comply and oblige with other existing treaties such as Paris convention and Berne convention Same treatment should be given to other member countries • PART 2 Provides minimum standard, scope and use of intellectual property rights such as patents, copyrights, trademarks etc. 7
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  • PART 3 Containsdetailed provisions regarding general obligations (members shall make provision for criminal procedures and penalties in cases related trademark counterfeiting or copyright piracy, Remedies include imprisonment or fines) • PART 4 Acquisition and maintenance standards of IPR • PART 5 Dispute prevention and settlement • PART 6 Reflects provisional arrangement indicating transitional arrangement for the implementation of TRIPS by lesser developed countries • PART 7 Final provisions which states that council for TRIPS shall monitor the operation of this agreement and compliance of member countries 8
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  DOHA Declaration • Aspecial ministerial declaration at the WTO ministerial conference in DOHA (known as the DOHA declaration on TRIPS agreement and public health) in 2001 was adopted by member countries to protect public health. • There was a concern regarding availability of patented drugs which are required to control diseases of public health like HIV, tuberculosis, malaria etc • The said declaration agreed upon at DOHA was basically on providing such patented drugs at an affordable price to developing/under developed countries • The above agenda can be implemented through compulsory licences which empowers the government to licence the production of the patented drug to a third party without the consent of the patentee. 9
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  • The DOHAdeclaration states that each member country has the right to grant such licences and flexibility • DOHA declaration also made way for parallel importation of patented products without the consent of the patent holder • Government can import lower priced patented drugs so that access to life saving drugs can be provided to the public at large. 10
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