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WTO Agreement on TRIPS
Lecture 9
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What is IPR??
Any creation / invention of human mind providing the creator an exclusive right(monopoly) over the use of his creationsfor a limited period to stop others frommaking, using or selling that productwithout his permission
Ensure due stream of returns
TRIPS is the phenomenon involvingunauthorized movement of Goods /
Counterfeit Goods across countries
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TRIPS Coverage
1. Copyright and related rights2. Patents3. Trademarks4. Geographical indications5. Industrial designs6. Layout-designs of integrated circuits
7. Undisclosed information, includingtrade secrets
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Various IPR Protection Modes
Paris Convention (1883) - (Industrial Property) Berne Convention (1886) (Protection of Literary & Artistic
works) Rome Convention (1961) (Protection of Performers,
Producers of Phonogram and Broadcasting Organizations)
Madrid Agreement (1891) (Trade Marks) Lisbon Agreement (1958) (the Protection of Appellationsof Origin and their International Registration)
World Intellectual Property Organization (WIPO) (1961) Protection of IP
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Why TRIPS under WTO??
Protecting innovators Rights developed countryconcern widespread copyright piracy in China
Protecting innovators Rights developed countryconcern pharmaceutical industry in India
Protecting Geographical Indications in developingcountries Basmati Rice case
Protecting Traditional Knowledge Base indeveloping countries Neem and Haldi
Guaranteeing Public Health in a developing countryin a mutually beneficial manner
Motivation for R & D expenditure
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The WTO Agreement on TRIPS
Establishes minimum level of protection that
WTO Member countries must extend toother Members.
Motive: Promotion of technologicalinnovation, transfer and dissemination of
technology, balance of rights and obligations National Treatment no discrimination
between domestic players and importedproducts
Most Favoured Nation (MFN) Treatment Dispute Settlement
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1. Copyright Work of Art Usually no less than 50 years from
the making of the work, 50 years from the end ofthe calendar year of making Computer programs considered as literary works
under Berne Convention (1971) not on the dataor the material, but the written code
Sound recordings 50 years from the end of thecalendar year of the performance
Broadcast - 20 years from the end of thecalendar year of the Broadcast
Fair use allowed (e.g. photocopy by students)
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2. Trademark Prohibition of passing off (misuse of goodwill)
Sign, Combination of Sign, letters, Colour or anyother indicator that distinguishes a product /Service from its competitors
Publish each Trademark either before it isregistered or promptly after it is registered to
provide a reasonable opportunity for petitions tocancel the registration Right over own Trademark Paris Convention Initial registration and subsequent renewals
should be for no less than 7 years. The
registration of a Trademark is renewableindefinitely If a Trademark is not used, cancellation possible
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3. Geographical Indications A product originating in the territory of a
member, where a given quality, reputation orother characteristic of the good is essentiallyattributable to its geographical origin
No Member would be allowed to copy others GI
Additional protection to wines and spirits There shall be no obligation under this
agreement to protect geographical indicationswhich are not or cease to be protected in theircountry of origin, or which has fallen into disuse
in that country. sui generisSystem (One of its own kind) for
protection
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4. Industrial Designs
Based on shape, pattern, line, colour etc. Covers products of industry and handicraft:
from technical and medical instruments,watches, jewelry, textile, leather, housewaresand electrical appliances to vehicles etc.
Protection for independently createdindustrial designs that are new or originalagainst copying or unauthorized use
Protection available for at least 10 years
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5. Patents Available for any invention, whether products
or processes, in all fields of technology,provided they are (1) new, (2) involve aninnovative step and (3) capable of industrialapplications.
Granted on the basis of application Duration
20 years from the filing date. Exclusions: necessary to protect morality;
human, animal, or plant life or health;diagnostic, therapeutic and surgical methods
for the treatment of humans or animals;plants and animals other than microorganismsetc.
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Patent Rights If product patent: prevention of others from
unauthorized making, using, selling or importing ofthem
If process patent: prevention of others fromunauthorized using of the process and selling or
importing of the product directly obtained fromthe process
Exception: if permission from the right holder isnot forthcoming during national emergency, public
non-commercial use in non-exclusive manner limited only for the necessary period
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6. Layout-designs of IntegratedCircuits
Prevention of unauthorized selling,importing and distribution for commercialpurposes
Post-purchase knowledge about the right royalty payment to the Right Holder
Not less than 10 years from the date offiling
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7. Undisclosed Information
Protection against unfair competition protect undisclosed information and datasubmitted to the Government as discussedunder Paris Convention (1967)
Data protected so long as the informationis (1) secret among a close group, (2) hascommercial value because it is secret
Protected unless it is necessary to protectpublicby withdrawing it
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WTO Negotiations HIV/AIDS debate in 2001 the South African case
generic version of patented medicines from India -Developing Country joint Submission Doha Declaration Just before the Hong Kong Ministerial, on December 6
2005 the General Council of WTO approved to changeTRIPS provisions relating to patents and public health(WTO, December 6 2005).
The provision will formally be a part of TRIPSagreement, when two-third of the Members ratify it by1 December 2007.
Once implemented, this would mark the first amendmentof a core WTO agreement and therefore marks alandmark for the developing countries.
CBD Negotiations on Traditional Knowledge andbenefit sharing
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TRIPS-Issues for
African Countries Pharmaceutical More than 60% of HIV patients are in Sub-Saharan Africa Only 10% of those who require treatment are getting treatment TRIPS make it difficult to access new and improved drugs at a
reasonable price.
There will be no generic suppliers of drugs from low costdeveloping countries.
And they dont have their own manufacturing base either. Some Amendments to the TRIPS were done in 2003 but it made
the solution more complex (with two licence system one fordomestic manufacturing and the other for exports)
It would be difficult for countries without a manufacturing baseto get cheap drugs
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TRIPS-Issues for
African Countries TRIPS Agreement has been biased against developingcountries advantages
The Agreement has kept aside large applications ofTraditional Knowledge in genetic, biological and
natural resource and management and conservation ofsuch resources and environment in ways which haveeconomic, commercial and cultural value.
Patenting of life organisms and materials of medicinalvalue are done at the expense of local communities andbenefit the large multi-national chemical and drug
companies. Technology transfer would become costlier
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TRIPS - Tanzania IPRs legislation in mainland Tanzania comprises:the Patents Act No. 1 of 1987, the Trade andService Marks Act No. 2 of 1986, and the Copyrightand Neighbouring Rights Act No. 7 of 1999.
No legislation on geographical indications Parallel imports of goods and services containing anyform of intellectual property rights are allowed
Currently revising their legislation with respect topatents and trade marks to meet WTO
commitments by 1 July 2013 with the help of WIPO.
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TRIPS - Tanzania The Business Registration and Licensing Agency (BRELA) continuesto administer mainland Tanzania's IPR protection.
Patents protection is granted for ten years, and can be renewedfor two terms of five years each
Trade and service marks protection is for seven years, renewable
for ten-year periods Copyright protection is for the life of the author plus 50 years The Copyright and Neighbouring Rights Act No. 7 of 1999
established the Copyright Society of Tanzania (COSOTA), acopyright office for mainland Tanzania.
Tanzania (including Zanzibar) is a member of the African RegionalIntellectual Property Organization (ARIPO), which grants patentsand design registrations effective in the 14 ARIPO membercountries.