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ECONOMIC ENVIRONMENT

OF BUSINESS
TRIPs – IMPLICATIONS
FOR INDIA
Presented by :
Group 7
Dipika Poddar
Mohit Agarwal
Rahul Agarwal
Ankit Gupta
Saurabh Gupta
Brijesh Gupta
TRIPS

Trade related
intellectual property
rights
What is intellectual
property

Intellectual property refers to


creations of the mind: inventions,
literary and artistic works, and
symbols, names, images, and
designs used in commerce
Why TRIPS?
 Sets down minimum standards for
many forms of intellectual property
(IP) regulation
 It includes requirements that nations'
laws must meet for: copyright rights
and industrial property
Intellectual property

Intellectual property

Industrial property copyrights

Patents, Trademarks literary and artistic


Industrial designs work
Geographic
indications,
TABLE OF CONTENTS
1.INTRODUCTION
2.INTRODUCTION TO TRIPs
3.FEATURES OF TRIPs
4.NECESSITY
5.DIFFERENT IPR’s
5.1 COPYRIGHTS
5.2 RELATED RIGHTS
5.3 TRADEMARKS
5.4 GEOGRAPHICAL INDICATONS
5.5 INDUSTRIAL RELATIONS
5.6 PATENTS
5.7 LAYOUT DESIGNS OF INTEGRATED CIRCUITS
5.8 PROTECTION OF UNDISCLOSED INFORMATION
5.9 CONTROL OF ANTI-PROTECTIVE PRACTICES IN
CONTRACTUAL LICENCES
6. IMPACT OF TRIPs ON INDIAN SECTORS
6.1 SOFTWARE SECTOR
6.2 PHARMACEUTICAL SECTOR
6.3 AGRICULTURAL SECTOR
7. ENFORCEMENT
8. CONCLUSION
9 REFERENCES
INTRODUCTION
 STARTED DURING URUGUAY ROUND
 TUSSLE BETWEEN COUNTRIES OF
NORTH AND SOUTH
 CONCEPT SEEKS TO DIVORCE THE
IDEA FROM THE EXPRESSION OF
IDEA,DESIGN OR PROCESS
INTRODUCTION TO TRIPs
 TRADE RELATED INTELLECTUAL
PROPERTY RIGHTS -1994
 “All other property, creation of mind
and brain that you cannot touch see
and move but has great value and
provides competitive business
advantage”
MAIN FEATURES
 NON DISCRIMINATION – No favouritism
 DURATION OF IPRs -
a)Patents -20 Yrs
b)Copyrights -50 Yrs
c)Trademarks -7 Yrs
 SCOPE OF IPRs –It confers many
rights to the patentees.
 LICENSING- Specifies that compulsory licenses
must be nonexclusive and of limited duration.
 TRANSITION PERIOD FOR LDCs -Allows
developing countries a ten-year grace period to
implement provisions.
 ENFORCEMENT MECHANISM - Provides clear
and enforceable rules plus dispute settlement
mechanisms.
NECESSITY OF TRIPs

1. PROTECTION
2. NEW SITUATIONS AND PROBLEMS
3. US INTEREST
4. BENEFITS TO DEVELOPED NATIONS
5. COST OF R&D
COPYRIGHT
 copyright protection shall extend to
expressions and not to ideas,
procedures, methods of operation
 compilations of data or other
material shall be protected as such
under copyright
 right to authorize or to prohibit the
commercial rental to the public of
originals or copies of their copyright
works.
RELATED RIGHTS
 Performers can prevent the
unauthorized fixation of their
performance
 Members have to grant exclusive
reproduction right
 term of protection
 Member may provide for conditions,
limitations, exceptions and
reservations
TRADEMARKS
 Any distinguishing sign, or any
combination of signs qualifies for a
trademark
 Members may make registrability
depend on use
 Trademark of one company can’t br
used by other without permission
 Registration of trademark is for a
minimum period of 7yrs
GEOGRAPHICAL
INDICATIONS
 Quality, reputation or other characteristics
of a good can each be a sufficient basis for
eligibility
 Interested parties must have legal means
to prevent use of indications which
mislead the public
 Trademark which uses a geographical
indication in a way that misleads the
public must be refused
 Article 24 contains a number of exceptions
to the protection of geographical
indications
INDUSTRIAL DESIGN
 Provides for the protection of
independently created industrial
designs that are new or original
 Special provision aimed at
requirements for securing protection
of such designs
 Owner of a protected industrial
design has the right to prevent third
parties from using the registered
design
PATENTS
 Inventions, whether products or processes,
in all fields of technology without
discrimination can be patented
 Exclusive rights must be conferred by a
product patent
 Members may provide limited exceptions
to the exclusive rights conferred by a
patent
 Term of protection available shall not end
before the expiration of a period of 20
years
 Applicant for a patent shall disclose the
PROTECTION OF UNDISCLOSED
INFORMATION
 The protection must apply to
information that has commercial
value because it is secret
 It require that a person lawfully in
control of such information must
have the possibility of preventing it
from being disclosed
 Contains provisions on undisclosed
test data and other data
CONTROL OF ANTI-
COMPETITIVE PRACTICES IN
CONTRACTUAL LICENCES
 Some licensing practices or
conditions pertaining to intellectual
property rights which restrain
competition
 Member countries may adopt
appropriate measures to prevent or
control practices in undesirable
licensing
 Provides for a mechanism whereby a
IMPACT OF TRIPs ON THE 3
MAIN INDIAN SECTORS

 Impact on the software sector

 Development of Software
 EDUCATION: affect the availability of
trained professional.
 Impact on Exports
 Impact on E-commerce
IMPACT OF TRIPs ON THE 3
MAIN INDIAN SECTORS
 TRIPs AND PHARMACEUTICAL
SECTOR
o Issue of Price and Accessibility
o Access to New Medical Products
o Private Venture Capital Firms are Willing
to invest in Technology based start up
companies.
o Flow of Technical knowledge
o Fear of Competition
o Skepticism nurtured by Developed
Countries
IMPACT OF TRIPs ON THE 3
MAIN INDIAN SECTORS
 IMPACT ON AGRICULTURAL SECTOR
 Developing countries like India are suppliers
of almost all original “germplasm” used in
research.
 Property Rights obtained in Gene

Technology
 TNC’s to dominate the Agriculture Industry

 Decreases the Independence of Farmers.

 Instances
CONCLUSION
 Main issue is to ensure that technology is
made available to developing countries
 Even compulsory licensing not effective in
this regard.
Enforcement
 India has one of the toughest copyright
laws in the world. There are several
steps taken by various organizations
(such as NASSCOM, etc) in order to
effectively implement these laws.

Representation in Various Fora


♦ Participation in the finalization of intellectual
property must also be widened. This calls for
collaboration -- in national and global fora –
between industry, governments, regulators
and civil society organizations.
References
 websites:
 www.wto.org
 www.hg.org/intell/
 www.ecommerce.ipo.int/
 www.worldlegalforum.co.uk/
 www.xime.com/
 www.apnic.net/
 www.indiainfoline.com
THANK YOU