TRIPS Agreement

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

TRIPS Agreement

Tanmoy Mukherjee

[Advocate]

Before TRIPS, International Intellectual various Property Protection was governed by fragmented Treaties (Like the Paris convention, Berne Convention), which lack uniform enforcement mechanism. This caused:-

• Trade Distortions

• Dispute between Countries

• Inadequate Intellectual Property Protection in developing Countries.

 To address these issues, TRIPS was introduced of GATT as part of the Uruguay Round, and it became a negotiations, mandatory Agreement for all WTO Members,

TRIPS →Trade Related Aspects of Intellectual Property Rights.

Came into effect 1st January, 1995

Administered by → World Trade Organization (WTO).

Objective (Article 7) -

 (i) Create a Uniform standard of Intellectual Property Protection worldwide;

(ii) Promote innovation and technology transfers between Countries;

(iii) Ensure that Intellectual Property enforcement does not hinder trade;

(iv) Balance Intellectual Property Rights with public interest;

(v) Balance public health and development.

TRIPS sets minimum standards for protection in the following IP Areas-

 

IP Type	Coverage	Duration
Copyright	Literary, Artistic works, Software.	Life of author + 50 years
Trade mark	Logos, signs, names for goods/services.	7 years renewable indefinitely.
Geographical Indication	Goods links to region (e.g. Darjeeling Tea).	As long as conditions apply.
Industrial Design	Aesthetic aspect of products.	Minimum 10 years
Patent	Inventions, (products/process)	20 years from filling.
Layout Designs	Designs of Semi-conductor layouts	10 years
Trade Secret	Undisclosed business information.	No fixed term, depends on secrecy

 

Principles-

1.  National treatment (Article 3) –

No discrimination between domestic and foreign IP holders.

2.  Most - favored-nation (MFN) treatment [Article 4] –

 Any advantage to one country must be extended to all WTO members.

3.  Minimum Standards –

 Sets a global baseline of IP Protection.

Flexibility of TRIPS -

Flexibility	Meaning
Compulsory licensing	Govt. allows use of Patents without owners consent in emergencies (e.g., health crisis).
Parallel importing	Importing a patented product sold cheaply in another country.
Exceptions to Patentability	Members may exclude inventions that harm public order, morality or health.
Bolar Provisions	Permits research on generics before patent expires.

 

TRIPS and India-

India had to amend several IP (Intellectual Property) laws to comply with TRIPS -

Patents Act, 1970 -

1999 - Introduced Mailbox Provision.

2002 - Extended term to 20 years.

2005 - Introduced Product Patent (e.g., Pharmaceuticals).

Copyright Act, 1957 -

Amended in 1999 and 2012.

Trademark Act, 1999.

Geographical Indication of Goods Act, 1999.

Designs Act, 2000.

Reference Cases-