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Introduction
The TRIPS Agreement, entered into force on 1
January 1995, is binding on each Member of the WTO from the date the WTO Agreement becomes effective for it.
The Council of TRIPS administers the TRIPS Agreement and is open to all WTO Members. The Council Council.
What are IPRs? Intellectual property rights (IPRs) are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
IPRs are customarily divided into two main areas: 1. copyright and rights related to copyright; and, 2. industrial property.
IPRs (continued..)
1. COPYRIGHT AND RIGHTS RELATED TO COPYRIGHT The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculptures, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author. Also protected through copyright and related rights (or"neighbouring rights") are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations.
IPRs (continued..)
2. INDUSTRIAL PROPERTY :Industrial property can
usefully be divided into two main areas: (a)the protection of distinctive signs, in particular trademarks and geographical indications. Trademark and geographical indication protection may last indefinitely, provided the sign in question continues to be distinctive. (b)the protection of inventions(protected by patents), industrial designs and trade secrets. The protection is usually given for a finite term (typically 20 years in the case of patents).
IPRs (continued..)
WHY ARE IPRs PROTECTED? Encourage and reward creative work Technological Innovation Fair Competition Consumer Protection Transfer of Technology
BALANCE OF RIGHTS AND OBLIGATIONS The exclusive rights given to the owners of intellectual property are generally subject to a number of limitations and exceptions, aimed at balancing the legitimate interests of right holders and of users.
THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (THE TRIPS AGREEMENT) The TRIPS Agreement is to date the most comprehensive multilateral agreement on intellectual property. The Agreement consists of seven parts: I. General provisions and basic principles (such as national treatment and most-favoured nation treatment (MFN), and exhaustion of IPRs); II. Substantive standards of intellectual property protection; III. Enforcement; IV. Procedures for the acquisition and maintenance of IPRs; V. Dispute prevention and settlement; VI. Transitional arrangements; and, VII. Institutional arrangements.
trade and take into account the need to promote competent as well as adequate protection of IPRs. b) To ensure that measures and procedures to enforce IPRs do not themselves become barriers to legitimate trade. c) To reduce tensions by reaching strengthened commitment to resolve disputes on trade-related IP issues through multilateral procedures. d) To establish a mutually supportive relationship between the WTO and World Intellectual Property Organisation (WIPO)
requires each Member to accord to the nationals of other Members treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property.
b) Most-favoured Nation: Article 4 on MFN treatment requires that, with regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Member to the nationals of any other Member shall be accorded immediately and unconditionally to the nationals of all other Members.
National exhaustion means that the distribution right of the IPR owner is only considered exhausted if he has put the protected item on the market(for sale) in that country.
Example: Trademark
Example: GI
Example: Patents
The term of protection (for a period of 20 years counted from the filing date)
integrated circuit (or "chip"). It refers to mask works (topographies) of the integrated circuits, the stencils used to etch or encode an electrical circuit on a semiconductor chip Protection conferred to original layoutdesign/topographies Exclusive rights include the right of reproduction and the right of importation, sale and other distribution for commercial purposes The term of protection (ten years form the date of first commercial exploitation)
III. Enforcement
TRIPS Agreement also requires Members to make available enforcement procedures to permit prompt and effective action against any act of infringement of IPRs Covered by the Agreement. I) Provisions for domestic procedure and remedies for the enforcement of the IPRs (II) Includes general principle applicable to IPR enforcement procedure apart from administrative, civil and criminal procedure available for enforcement of rights of the right holder
governmental offices for the acquisition and maintenance of IPRs Procedures for granting and registration of IPR must be reasonable Member country's law must provide for opposition, revocation and cancellation Member country may adopt measures to protect public health and the public interest
V. Dispute settlement
The agreement further provides for the settlement of
disputes over IPR among the member states within the parameters of dispute settlement procedure.