TRIPS Agreement
(Trade-Related Aspects of Intellectual Property Rights)
Introduction
- The TRIPs Agreement is an international agreement under the World Trade Organization (WTO) that sets minimum standards for the protection and enforcement of Intellectual Property Rights (IPRs) among member countries. It is the most comprehensive and legally binding global IPR framework.
Origin and Enforcement
- Negotiated during the Uruguay Round of GATT (1986–1994)
- Came into force on 1 January 1995
- Binding on all WTO member countries
- First agreement to link intellectual property with international trade
Objectives of TRIPs
- To standardize IPR protection across countries
- To reduce counterfeiting and piracy
- To encourage innovation and technological development
- To promote transfer and dissemination of technology
- To balance rights of creators and public interest
Intellectual Property Rights Covered Under TRIPs
TRIPs covers all major forms of IPR, including:
- Patents
- Copyright and related rights
- Trademarks
- Industrial designs
- Geographical indications
- Layout designs of integrated circuits
- Undisclosed information (trade secrets)
Key Provisions of TRIPs
- Minimum standards of IPR protection must be followed by all members
- National Treatment: Foreign IP owners treated same as domestic owners
- Most Favoured Nation (MFN) principle applies to IPR
- Effective enforcement mechanisms must be provided
- Civil, criminal, and border measures against infringement
TRIPs and Patents (Important)
- Patent protection for both products and processes
- Minimum patent term: 20 years
- Patents to be available in all fields of technology
- Limited exceptions allowed in public interest
Flexibilities Under TRIPs
- Compulsory licensing
- Parallel imports
- Transition periods for developing and least developed countries
- Public health safeguards (Doha Declaration)
Impact of TRIPs on India
- Amendment of Patents Act, 1970 (major amendment in 2005)
- Introduction of product patents in pharmaceuticals and agriculture
- Strengthening of trademark, copyright, and GI laws
- Establishment of stronger enforcement mechanisms
Significance of TRIPs
- Made IPR protection mandatory and enforceable
- Reduced global IPR violations
- Encouraged foreign investment and technology transfer
- Integrated IPR into the global trading system
Exam Points
- TRIPs came into force: 1 January 1995
- Negotiated during: Uruguay Round
- TRIPs is enforced by: WTO
- Patent validity under TRIPs: 20 years
- TRIPs is legally binding
World Intellectual Property Organization (WIPO)
Introduction
- The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations responsible for the promotion, protection, and development of intellectual property (IP) worldwide. It aims to encourage creativity and innovation by ensuring that IP systems are effective and accessible to all countries.
Establishment and Headquarters
- Established in 1967 by the WIPO Convention
- Became a UN specialized agency in 1974
- Headquarters: Geneva, Switzerland
- Membership: Nearly all countries of the world
Objectives of WIPO
- To promote global protection of intellectual property
- To encourage creative and innovative activities
- To harmonize national IP laws
- To support economic, cultural, and technological development
Functions of WIPO
- Administers major international IP treaties, including:
- Paris Convention (Industrial Property)
- Berne Convention (Copyright)
- Patent Cooperation Treaty (PCT)
- Madrid System (Trademarks)
- Provides technical assistance and training, especially to developing countries
- Facilitates international registration systems for patents, trademarks, and designs
- Promotes IP awareness and capacity building
WIPO and International IP System
- Acts as a global forum for discussion and development of IP policies
- Encourages cooperation among nations
- Supports protection of traditional knowledge and genetic resources
WIPO vs WTO (Key Difference)
- WIPO promotes and manages IPR through cooperation and treaties
- WTO enforces IPR through TRIPs with trade sanctions
- WIPO is development-oriented, WTO is trade-oriented
Importance of WIPO
- Strengthens global IP infrastructure
- Helps developing countries build IP systems
- Encourages innovation and creativity worldwide
- Supports protection of traditional knowledge and biodiversity
Exam Points
- WIPO established: 1967
- UN specialized agency since: 1974
- Headquarters: Geneva
- Deals with: Promotion and administration of IPR
- Does not impose trade sanctions
