Wto - Lecture 9 - Trips

8/2/2019 Wto - Lecture 9 - Trips

1/19

WTO Agreement on TRIPS

Lecture 9


2/19

What is IPR??

Any creation / invention of human mind providing the creator an exclusive right(monopoly) over the use of his creationsfor a limited period to stop others frommaking, using or selling that productwithout his permission

Ensure due stream of returns

TRIPS is the phenomenon involvingunauthorized movement of Goods /

Counterfeit Goods across countries


3/19

TRIPS Coverage

1. Copyright and related rights2. Patents3. Trademarks4. Geographical indications5. Industrial designs6. Layout-designs of integrated circuits

7. Undisclosed information, includingtrade secrets


4/19

Various IPR Protection Modes

Paris Convention (1883) - (Industrial Property) Berne Convention (1886) (Protection of Literary & Artistic

works) Rome Convention (1961) (Protection of Performers,

Producers of Phonogram and Broadcasting Organizations)

Madrid Agreement (1891) (Trade Marks) Lisbon Agreement (1958) (the Protection of Appellationsof Origin and their International Registration)

World Intellectual Property Organization (WIPO) (1961) Protection of IP


5/19

Why TRIPS under WTO??

Protecting innovators Rights developed countryconcern widespread copyright piracy in China

Protecting innovators Rights developed countryconcern pharmaceutical industry in India

Protecting Geographical Indications in developingcountries Basmati Rice case

Protecting Traditional Knowledge Base indeveloping countries Neem and Haldi

Guaranteeing Public Health in a developing countryin a mutually beneficial manner

Motivation for R & D expenditure


6/19

The WTO Agreement on TRIPS

Establishes minimum level of protection that

WTO Member countries must extend toother Members.

Motive: Promotion of technologicalinnovation, transfer and dissemination of

technology, balance of rights and obligations National Treatment no discrimination

between domestic players and importedproducts

Most Favoured Nation (MFN) Treatment Dispute Settlement


7/19

1. Copyright Work of Art Usually no less than 50 years from

the making of the work, 50 years from the end ofthe calendar year of making Computer programs considered as literary works

under Berne Convention (1971) not on the dataor the material, but the written code

Sound recordings 50 years from the end of thecalendar year of the performance

Broadcast - 20 years from the end of thecalendar year of the Broadcast

Fair use allowed (e.g. photocopy by students)


8/19

2. Trademark Prohibition of passing off (misuse of goodwill)

Sign, Combination of Sign, letters, Colour or anyother indicator that distinguishes a product /Service from its competitors

Publish each Trademark either before it isregistered or promptly after it is registered to

provide a reasonable opportunity for petitions tocancel the registration Right over own Trademark Paris Convention Initial registration and subsequent renewals

should be for no less than 7 years. The

registration of a Trademark is renewableindefinitely If a Trademark is not used, cancellation possible


9/19

3. Geographical Indications A product originating in the territory of a

member, where a given quality, reputation orother characteristic of the good is essentiallyattributable to its geographical origin

No Member would be allowed to copy others GI

Additional protection to wines and spirits There shall be no obligation under this

agreement to protect geographical indicationswhich are not or cease to be protected in theircountry of origin, or which has fallen into disuse

in that country. sui generisSystem (One of its own kind) for

protection


10/19

4. Industrial Designs

Based on shape, pattern, line, colour etc. Covers products of industry and handicraft:

from technical and medical instruments,watches, jewelry, textile, leather, housewaresand electrical appliances to vehicles etc.

Protection for independently createdindustrial designs that are new or originalagainst copying or unauthorized use

Protection available for at least 10 years


11/19

5. Patents Available for any invention, whether products

or processes, in all fields of technology,provided they are (1) new, (2) involve aninnovative step and (3) capable of industrialapplications.

Granted on the basis of application Duration

20 years from the filing date. Exclusions: necessary to protect morality;

human, animal, or plant life or health;diagnostic, therapeutic and surgical methods

for the treatment of humans or animals;plants and animals other than microorganismsetc.


12/19

Patent Rights If product patent: prevention of others from

unauthorized making, using, selling or importing ofthem

If process patent: prevention of others fromunauthorized using of the process and selling or

importing of the product directly obtained fromthe process

Exception: if permission from the right holder isnot forthcoming during national emergency, public

non-commercial use in non-exclusive manner limited only for the necessary period


13/19

6. Layout-designs of IntegratedCircuits

Prevention of unauthorized selling,importing and distribution for commercialpurposes

Post-purchase knowledge about the right royalty payment to the Right Holder

Not less than 10 years from the date offiling


14/19

7. Undisclosed Information

Protection against unfair competition protect undisclosed information and datasubmitted to the Government as discussedunder Paris Convention (1967)

Data protected so long as the informationis (1) secret among a close group, (2) hascommercial value because it is secret

Protected unless it is necessary to protectpublicby withdrawing it


15/19

WTO Negotiations HIV/AIDS debate in 2001 the South African case

generic version of patented medicines from India -Developing Country joint Submission Doha Declaration Just before the Hong Kong Ministerial, on December 6

2005 the General Council of WTO approved to changeTRIPS provisions relating to patents and public health(WTO, December 6 2005).

The provision will formally be a part of TRIPSagreement, when two-third of the Members ratify it by1 December 2007.

Once implemented, this would mark the first amendmentof a core WTO agreement and therefore marks alandmark for the developing countries.

CBD Negotiations on Traditional Knowledge andbenefit sharing


16/19

TRIPS-Issues for

African Countries Pharmaceutical More than 60% of HIV patients are in Sub-Saharan Africa Only 10% of those who require treatment are getting treatment TRIPS make it difficult to access new and improved drugs at a

reasonable price.

There will be no generic suppliers of drugs from low costdeveloping countries.

And they dont have their own manufacturing base either. Some Amendments to the TRIPS were done in 2003 but it made

the solution more complex (with two licence system one fordomestic manufacturing and the other for exports)

It would be difficult for countries without a manufacturing baseto get cheap drugs


17/19

TRIPS-Issues for

African Countries TRIPS Agreement has been biased against developingcountries advantages

The Agreement has kept aside large applications ofTraditional Knowledge in genetic, biological and

natural resource and management and conservation ofsuch resources and environment in ways which haveeconomic, commercial and cultural value.

Patenting of life organisms and materials of medicinalvalue are done at the expense of local communities andbenefit the large multi-national chemical and drug

companies. Technology transfer would become costlier


18/19

TRIPS - Tanzania IPRs legislation in mainland Tanzania comprises:the Patents Act No. 1 of 1987, the Trade andService Marks Act No. 2 of 1986, and the Copyrightand Neighbouring Rights Act No. 7 of 1999.

No legislation on geographical indications Parallel imports of goods and services containing anyform of intellectual property rights are allowed

Currently revising their legislation with respect topatents and trade marks to meet WTO

commitments by 1 July 2013 with the help of WIPO.


19/19

TRIPS - Tanzania The Business Registration and Licensing Agency (BRELA) continuesto administer mainland Tanzania's IPR protection.

Patents protection is granted for ten years, and can be renewedfor two terms of five years each

Trade and service marks protection is for seven years, renewable

for ten-year periods Copyright protection is for the life of the author plus 50 years The Copyright and Neighbouring Rights Act No. 7 of 1999

established the Copyright Society of Tanzania (COSOTA), acopyright office for mainland Tanzania.

Tanzania (including Zanzibar) is a member of the African RegionalIntellectual Property Organization (ARIPO), which grants patentsand design registrations effective in the 14 ARIPO membercountries.

Documents

Wto - Lecture 9 - Trips