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WTO Agreement on
Trade Related Aspects of
Intellectual Property Rights
(TRIPS)

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Intellectual Property Rights (IPS)

 Intellectual Property Rights- rights


awarded by society to individuals or
organizations principally over creative
works such as inventions, literary and
artistic works, and symbols, names,
images, and designs used in commerce.
 They give the creator the right to prevent
others from making unauthorized use of
their property for a limited period. 3
Intellectual Property Rights (IPRs)
Industrial Property (functional and commercial
innovations) All fields of technology engineering,
electronics, Information Technology,
Biotechnology, Pharmaceuticals, Chemicals and
Fashion Industry etc.

Artistic and Literary Property (cultural creations)


Books, articles, poetry, music, paintings
,Sculpture, Graphics designs etc.

Recent emerging forms of IPRs sui-generis


system, computer software and protection of new
plant varieties . 4
TRIPS Agreement
 The TRIPS Agreement is the most comprehensive
international treaty governing the protection,
administration and enforcement of intellectual
property rights.
 The Council for TRIPS, a body open to all WTO
members and to certain observers, administers the
TRIPS Agreement, provides a forum for debate on
policy issues and reviews the intellectual property
legislation of individual WTO members.

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TRIPS Agreement (Annex 1-C WTO Text)
International Conventions on IPRs administered by
World Intellectual Property Rights Organization
(WIPO).
 Paris Convention (Industrial Property )
•Madrid Agreement & Madrid Protocol-Trademarks.
•Patent Cooperation Treaty (PCT)- Patents.
•Budapest Treaty- Microorganisms.
 Berne Convention (Copyrights and related
rights)
 Rome Convention (Performers rights ,producers
of sound recording& broadcasting organizations)
 Lisbon Agreement (Geographical Indications)
etc. 6
TRIPS Agreement
Provides for:
 Minimum standards for protection.
 Administrative Procedures –IPR laws,
Registries .
 Enforcement: Civil remedies and
criminal proceedings, provisional
measures and prevention of release of
infringing goods by customs
authorities. 7
Categories of Intellectual Property
Rights covered under TRIPS Agreement
 Copy Rights and Related Rights
 Trade Marks
 Geographical Indications
 Industrial Designs
 Patents
 Protection of new plant varieties
 Layout-Designs (Topographies) of
Integrated Circuits

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Protection against infringement or
piracy
 Intellectual Property Rights (IPRs) are
territorial rights
 First registration is required under the
domestic law then it should be registered in
the country of export
 Registration give rights to the owner to
initiate action through legal system against
piracy/ infringement and unfair commercial
use 9
Intellectual Property Rights
Legislation in Pakistan
 Patents Ordinance 2000
 Trademarks Ordinance 2001
 Copyrights Law 1962 amended 2000
 Registered Designs Ordinance 2000
 Layout Designs of Integrated Circuits
Ordinance 2000
 Protection of new plant varieties 2016
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Draft Legislation on IPR

 Geographical Indications
 Test data protection & amendments in
Drug Law 1976 to incorporate Article 31
(f)

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Impact of IPR on Pakistan
 Recipient of technology
 Level of innovation and creativity

 Research and development both scientific,


industrial and market
 Investment in Education and human
resource
 Foreign Investment

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Strengths of WTO

 All Countries have equal vote


 Decisions by Consensus

 Transparent Rules & Decision Making

 Effective Dispute Settlement System

 Wide Coverage (Goods, Services, IPR)

 Development Provisions

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Weakness of WTO
 Undefined areas such as Labour,
Environment, Investment.
 Slow decision making in Negotiations
 High Cost of Dispute Settlement
 Vague Development Provisions
 Distorted Image
 Clashing Trade Interests
 Regional Trade Agreements
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Sources
 www.wto.org

 www.wipo.org

 www.unctad.org

 www.itc.org

 www.fao.org

 www.ictsd.org

 www.commerce.gov.pk

 www.ntc.gov.pk

 www.ipo.gov.pk
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Thank you

Q&A

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