TRADE-RELATED I

---

NTELLECTUAL PROPERTY RIGHTS (TRIPS)

The importance of Intellectual Property Rights (IPR) in world trade scenario was first time recognised during the Uruguay round of negotiations and the Trade Related Intellectual Property Rights (TRIPS) was made a part of the World Trade Agreement in the year 1994.

The objective of the agreement is to promote effective and adequate protection and enforcement of intellectual property rights for social and economic welfare.

The agreement sets down standards for intellectual property regulation within all member countries of the World Trade Organization. The member nations are required to change their national legislation to make it compatible with the provisions of this agreement in the following areas.

Patents

Patent is an important area under TRIPS agreement. A patent is usually granted for any

• Novel (new) inventions whether products or processes
• Involving an inventive step
• Capable of industrial application

The concept is to provide the inventor a limited monopoly over his intellectual creation for a limited period. The member countries are required to amend their national laws in order to comply with the provision of the TRIPS  agreements.

Copyright and Related Rights

The agreement stipulates that all the members have to comply with the Berne Convention (1971) for the protection of literary and artistic works. Copyright protections are normally granted to expressions and a mere idea is not entitled for protection under the copyright concept. The copyright protection is also granted to procedures, methods of operation or mathematical concepts such as computer programmes (source or object code). These works are entitled for protection as literary works under the Berne Convention. The agreement provides that the authors and their successors of computer programmes and cinematographic works shall have the right to authorise or to prohibit the commercial or rental use of their copy righted work to the public.

Trademarks

A trademark means a sign or combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. According to the agreement any such signs in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, shall be entitled for registration as trade mark. The member nations have to change their national legislations to comply with the provisions of TRIPS agreement.

Geographical Indications

According to the agreement, geographical indications are those which identify a product as that originated from a territory or a region or locality; where a given quality, reputation or other characteristics of the product is essentially attributable to its geographical origin.

Example: Scotch Whisky, Champagne, Basmathi Rice, Malabar Pepper, Cochin Ginger Kancheepuram Sari etc.

Industrial Designs

The agreement provides that all the members must change their national legislation for protecting the novel industrial designs.

Layout-designs (Topographies) of Integrated Circuits

Layouts and designs of integrated circuts are brought under the periphery of IPR and are entitled for a registration and protection under the TRIPS agreement. Members have to amend their national laws to protect the layouts and designs.

Protection of Undisclosed Information

The law provides the right to prevent information from being disclosed to, acquired by or used by others without consent in a manner contrary to honest commercial practices.

Indian Laws on IPR

India has adopted new legislations and amendments to the existing enactments in order to comply with the WTA recommendations

• The Trademarks Act, 1999
• The Patent Act, 1970 as Amended by The Patents (Amendment) Act, 2005
• The Copyrights Act, 1957
• The Designs Act, 2000
• The Geographical Indication of Goods (Registration and Protection) Act, 1999
• The Protection of Plant Verities and Farmers Rights Act, 2001
• The Semiconductor Integrated Circuits Layout – Design Act, 2000
• The Biological Diversity Act, 2002