TRIPS:

Trade-Related Aspects of Intellectual Property Rights

Presented By:Ankit Paul

Introduction
It is arguably the most important and comprehensive international agreement on intellectual property rights. Member countries of the WTO are automatically bound by the agreement. The Agreement covers most forms of intellectual property including patents, copyright, trademarks, geographical indications, industrial designs, trade secrets, and exclusionary rights over new plant varieties.

 It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date.

Requirements of TRIPS
Copyright terms must extend at least 50 years, unless based on the life of the author. Copyright must be granted automatically, and not based upon any "formality," such as registrations, as specified in the Berne Convention. Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection.

 National exceptions to copyright (such as "fair use" in the United States) are constrained by the Berne three-step test. Patents must be granted for "inventions" in all "fields of technology" provided they meet all other patentability requirements (although exceptions for certain public interests are allowed (Art. 27.2 and 27.3) and must be enforceable for at least 20 years (Art 33)

 Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work (Art. 13) and normal exploitation of the patent (Art 30) is not in conflict. No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed. Legitimate interests of third parties have to be taken into account by patent rights (Art 30).

Obligations
It requires signatory countries to adhere to its criteria for intellectual property monopoly grants of limited duration. Adherence to the Paris Convention, Berne Convention and other WTO Conventions. All developed countries were given twelve months from the date of signing the agreement to implement its provisions.

 Developing countries and transition economies (under certain conditions) were given five years. Least developed countries (LDCs) were given 11 years, until 2006, to comply. There are currently 30 LDCs within the WTO organization bound by TRIPS and another 10 LDCs are waiting accession.

Patentee Rights
The rights obtainable by patentees are clearly outlined in Article 28. The TRIPS agreement provides that inventions must be disclosed by publication (Article 29) and sets out a minimum term of 20 years for patent protection. TRIPS also provides rules regarding domestic procedures and remedies for the enforcement of intellectual property rights

 The rules are general principles applicable to all enforcement procedures. They contain provisions on civil and administrative procedures and appropriate remedies so that right holders can effectively enforce their rights.

Effects of TRIPS
One of the effects of the TRIPS agreement has been to tie trade and intellectual property together. Developing countries have opposed the range of nontariff barriers, such as the protection of inventions, which they see as preventing them from trading competitively throughout the rest of the world.

 Controversy has arisen over perceptions of inconsistency between the TRIPS Agreement and other international agreements, such as the Convention on Biological Diversity. Patenting restricts the availability of the latest chemicals, pharmaceuticals and fertilizers, thereby necessitating the use of older, lesssafe and more toxic products.

 There have been reports that intellectual property rights on plant varieties erode biological diversity, especially in agriculture. Some countries demand existing intellectual property system should accommodate concepts traditionally outside of the scope of intellectual property, for example indigenous and traditional knowledge.

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