Trade-Related Aspects of Intellectual Property Rights

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Trade related aspects of IPR:

Trade related aspects of IPR Presented By: Sumit Kumar Mittal ( M.Pharm 2 nd Sem ) I.S.F College of Pharmacy, Moga (Punjab) DEPARTMENT OF QUALITY ASSURANCE

General Agreement on Tariffs and Trade :

General Agreement on Tariffs and Trade Definition :- A treaty created following the conclusion of World War II. The General Agreement on Tariffs and Trade (GATT) was implemented to further regulate world trade to aide in the economic recovery following the war.


History GATT was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was signed in 1947 and lasted until 1993, when it was replaced by the World Trade Organization in 1995. The original GATT text (GATT 1947) is still in effect under the WTO framework, subject to the modifications of GATT 1994

World Trade Organization - WTO :

World Trade Organization - WTO An international organization dealing with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably, and freely as possible.

Objective of World Trade Organization (WTO) :

Objective of World Trade Organization (WTO) * To ensure the conduct the international trade on non-discrimination basis. * To raise standard of living and income, ensuring full employment * To expend production and trade * Protecting environment * Ensuring better share for developing countries.

Function of World Trade Organization (WTO):

Function of World Trade Organization (WTO) * Administering World Trade Organization (WTO) trade agreement. * Forum the trade negotiation. * Handling trade disputes. * Monitoring national trade policy. * Technical assistance and training for developing countries. * Co-operation with other international organization (like help from World Bank and IMF)

Legal framework of World Trade Organization (WTO) :

Legal framework of World Trade Organization (WTO) * Protection through import traffic * Reduction in traffic and binding against further increase * Conduct of trade according to M.F.N. clauses * Commitment to national treatment rule.

Agreement on Trade Related Investment Measures :

Agreement on Trade Related Investment Measures The Agreement TRIMs are rules that apply to the domestic regulations a country applies to foreign investors, often as part of an industrial policy The agreement was agreed upon by all members of the World Trade Organization . (The WTO wasn't established at that time, it was his predecessor, the GATT (General Agreement on Trade and Tariffs). The WTO came about in 1994-1995.


Scope Because of TRIMS , policies such as local content requirements and trade balancing rules that have traditionally been used to both promote the interests of domestic industries and combat restrictive business practices are now banned


Functions TRIMs are rules that restrict preference of domestic firms It enables international firms to operate more easily within foreign markets


GATS The General Agreement on Trade in Services ( GATS ) is a treaty of the World Trade Organization (WTO) that entered into force in January 1995 as a result of the Uruguay Round negotiations. The treaty was created to extend the multilateral trading system to service sector , in the same way the General Agreement on Tariffs and Trade (GATT) provides such a system for merchandise trade


History Before the WTO's Uruguay Round negotiations began in 1986, public services such as healthcare, postal services, education, etc. were not included in international trade agreements. Most such services have been classed as domestic services for example educational services have been "exported" for as long as universities have been open to international students.


Scope International finance . Maritime transport. Merchandise trade. Activities like :- medicine, distance learning, engineering, architecture, advertising, freight forwarding.


Functions goal of the GATS is to remove barriers to trade. members are free to choose which sectors are to be progressively " liberalised ", i.e. marketised and privatised , under which mode of supply a particular sector would be covered under, and to what extent to which liberalisation will occur over a given period of time.


Limitation Some activist groups consider that the GATS risks undermining the ability and authority of governments to regulate commercial activities within their boundaries, with the effect of ceding power to business interests over the interests of citizens.


TRIPS It is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.


History TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. Its inclusion was the culmination of a program of intense lobbying by the United States , supported by the European Union , Japan and other developed nations . After the Uruguay round, the GATT became the basis for the establishment of the World Trade Organization.

The requirements of TRIPS :

The requirements of TRIPS TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS: Copyright terms must extend to 50 years after the death of the author . Copyright must be granted automatically, and not based upon any "formality," such as registrations or systems of renewal. Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection.


Contd … Patents must be granted for "inventions" in all "fields of technology" provided they meet all other patentability requirements and must be enforceable for at least 20 years . Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work and normal exploitation of the patent 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 .



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