Professional Documents
Culture Documents
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…
4. Exchange restrictions