TRIPS

The Agreement on Trade Related Aspects of

Intellectual Property Rights (TRIPS) 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. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994.

 The TRIPS agreement is based on the basic principles

of the other WTO agreements. Like non-discrimination clauses , National treatment and Most Favored National (MFN) treatment and are intended to promote technological innovations and transfer of dissemination of technology. It also recognizes the special needs of the least developed country members in respect of providing maximum flexibility in the domestic implementation of laws and regulations.

IPR covered under the TRIPS

Copyrights and related rights
Trade marks Geographical indications Industrial designs Patents Layout designs of integrated circuits Protection of undisclosed information (Trade secrets)

COPYRIGHTS & RELATED RIGHTS

Copyright is a Right given by the law to creators of

literacy, dramatic, musical and artistic work and producers of cinematograph films and sound recordings. It is a bundle of rights including inter alia, rights of reproduction , communication to the public, adaptation and translation of work. copyright protects expressions and not the ideas, copyrights lasts for 60 years. e.g.:-books

TRADEMARKs
A trademark is a distinctive sign which identifies

certain goods or services as those produced or provided by a specific person or enterprises. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark. A trademark provides protection to the owner. e.g.:-goods

GEOGRAPHICAL INDICATIONS
Geographical indications of goods are defined as that

aspect of intellectual property (I P) which refers to the geographical indication referring to a country or to a place of origin that products. Typically such a name conveys an assurance of quality and quantity Eg: Tirumala = Laddu Mysore = bonda,bajji

INDUSTRIAL DESIGNS
Industrial designs are an elements of IP

Industrial designs refers to creative activity, which

result in the ornamental or formal appearance of a product. Design rights refers to a novel or original design to the proprietor of a validly registered design. e.g.:-design of industries

PATENTS
A patent is an exclusive right granted by a country to

the inventor to make use, manufacture and market the inventions that satisfies the conditions of novelty, innovativeness and usefulness .
The term of every patent is now for

20years from the

date of filing.

E.g.:- TATA=NANO CAR

LAYOUT DESIGNS
A layout-design shall be considered original if it is the

result of its creators own intellectual efforts. A layout-design is not commonly known to the creators of layout-designs and manufacturers at the time of its creation. But a layout-design which is not original or which has been commercially exploited any where in India has not be registered as a layout-design. E.g.:- Layout

of industries

PROTECTION OF TRADE SECRET

A trade secret or undisclosed information is any

information that has been intentionally treated as secret and capable of commercial application with an economic interest. Such information is not readily available by the competitors' . They include technical data, internal processes, methodologies, recipes, techniques, formulae, source code, list of customers etc,.

 When the Uruguay round of negotiations was being

launched, the US proposed that there was a need to bring discipline investment that develops trade. It also suggested that the negotiations should cover policy issues affecting the flow of FDI. The measures adopted by govt,, to attract and regulate foreign investment include fiscal incentives, tax rebates and the provision of land and other services on preferential terms.

 In addition, govt,, impose conditions to encourage or

compel the use of investment according to certain national priorities. Which require the investor to undertake to utilize a certain amount of local inputs in production. They compel the investor to undertake to export a certain proportion of its output, which can have adverse effects on trade

An illustrative list of TRIMS

Local content requirements(LCR) Impose the use of a certain amount of local inputs in Production Trade balancing requirements Imports to be equivalent to a certain proportion of exports Foreign exchange balancing requirements foreign exchange made available for imports & exports in the values certain proportion Manufacturing Requirements Requires certain products to be manufactured locally Exchange Restrictions Restrict access to foreign exchange and imports

 Technology Transfer requirements - Require specified technologies and specific levels and types of ( R & D) to be conducted locally

Licensing Requirements
- oblige the investor to license technologies, it uses in the Home country to Host country Firms

Manufacturing Limitations - Prevent companies from manufacturing certain products in the Host country.

Domestic Sales Requirements

- Company to sell a certain proportion of its out put locally Local equity requirements - A certain percentage of Firms Equity should be held by Local investors

The agreement provides Transition periods for the elimination of prohibited Trade related investment measures (TRIMS)
For developed countries the period was

2 years

For developing countries the period was up to

5 years
AND Least developed countries up to 7 years

 Trade related investment measures have been used

mainly,if not exclusively by Developing countries to promote Development objectives. TRIMS are designed to deal with the restrictive business practices of transnational corporations and their anti competition behavior. A recent survey shows that TRIMS to be concentrated in Specific Industries Auto motive , Chemical , an petrochemical and computer/informatics.

conclusion
Finally I conclude that the TRIMS and TRIPS is an agreement under WORLD TRADE ORGANISATION.

To safeguard the trade and business.

How to invest into a business and deals with what are

the measures to take to invest in a business. And how to protect our intellectual properties and our inventions.

Than Q
2
Raghu yadaganti sir