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WTO

TRIPS

TRIMS

&

GATS
Intellectual property
► creation of human mind that is of value.
► IPRs are the rights granted to persons (inventors) for
creation of their mind
► TRIPs provide the norms and standards of protection of
intellectual property.
► TRIPs – protection - orms of intellectual property:
► Patents
► Plant & seed variety
► Micro organisms
► copy right & related rights,
► Trade marks including service marks
► Geographical indicators
► Integrated circuits,
► Trade secrets
Patent laws & India
► Indian patent laws do not meet the standards and
requirements WTO.
► New patent regime is product patent with
duration 20 years.
► Indian patent system: process paten (DRUGS)
► Article 27 equates imports with local production
► Developing countries were given time until 2000 to
introduce protection norms for TRIPs other than
patents.
► deadline was extended to 2005:
► India introduced the new patent act 1999.
Challenges for Indian pharmacompanies
► Product patent regime :basic research -
India lacks : era of reverse engineering
gone.
► Indian pharma companies – no inclination
and orientation to conduct basic research
and wait for a longer period for the
outcome.
► Indian pharma companies fear extinction.
► New patent regime: price of the drugs shot
up.
General Agreement
on
Trade in Services
GATS
Trade in services…
► Modes of delivery:
► Cross -border Supply: a non-resident Service
Supplier supplying services across borders into a
Members' territory;
► Consumption abroad: The freedom for members'
Resident to purchase services in the territory for
another Member;
► Commercial presence: The opportunities for
Foreign services supplier's to establish and expand
a commercial presence on a members' Territory
and;
► Presence of national persons: entry and temporary
stay in a Members' territory of foreign Individuals
in order to supply service.
Six service sector groups
►Business,
►Communication,
►Construction And Related Engineering,
►Financial Service,
►Health And Social Service And
►Tourism And Travel Related Service.
Trade Related Investment Measures

(TRIMS)
Trims prohibit measures like…

1. Local content requirement

2. Trade balancing requirement

3. Foreign exchange balancing requirement

4. Exchange restrictions

5. Export performance requirement

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