WTO Agreement on TRIPS

Lecture 9

What is IPR??
Any creation / invention of human mind providing the creator an exclusive right (monopoly) over the use of his creations for a limited period to stop others from making, using or selling that product without his permission Ensure due stream of returns
TRIPS is the phenomenon involving unauthorized movement of Goods / Counterfeit Goods across countries

TRIPS Coverage
1. 2. 3. 4. 5. 6. 7. Copyright and related rights Patents Trademarks Geographical indications Industrial designs Layout-designs of integrated circuits Undisclosed information, including trade secrets

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 Appellations of Origin and their International Registration) World Intellectual Property Organization (WIPO) (1961) Protection of IP

Why TRIPS under WTO??

Protecting innovators Rights developed country concern widespread copyright piracy in China Protecting innovators Rights developed country concern pharmaceutical industry in India Protecting Geographical Indications in developing countries Basmati Rice case Protecting Traditional Knowledge Base in developing countries Neem and Haldi Guaranteeing Public Health in a developing country in a mutually beneficial manner Motivation for R & D expenditure

The WTO Agreement on TRIPS

Establishes minimum level of protection that WTO Member countries must extend to other Members. Motive: Promotion of technological innovation, transfer and dissemination of technology, balance of rights and obligations National Treatment no discrimination between domestic players and imported products Most Favoured Nation (MFN) Treatment Dispute Settlement

 Work of Art Usually no less than 50 years from the making of the work, 50 years from the end of the calendar year of making Computer programs considered as literary works under Berne Convention (1971) not on the data or the material, but the written code Sound recordings 50 years from the end of the calendar year of the performance Broadcast - 20 years from the end of the calendar year of the Broadcast Fair use allowed (e.g. photocopy by students)

1. Copyright

2. Trademark
Prohibition of passing off (misuse of goodwill) Sign, Combination of Sign, letters, Colour or any other indicator that distinguishes a product / Service from its competitors Publish each Trademark either before it is registered or promptly after it is registered to provide a reasonable opportunity for petitions to cancel 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 renewable indefinitely If a Trademark is not used, cancellation possible

3. Geographical Indications
A product originating in the territory of a member, where a given quality, reputation or other characteristic of the good is essentially attributable 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 indications which are not or cease to be protected in their country of origin, or which has fallen into disuse in that country. sui generis System (One of its own kind) for protection

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, housewares and electrical appliances to vehicles etc. Protection for independently created industrial designs that are new or original against copying or unauthorized use Protection available for at least 10 years

 Available for any invention, whether products or processes, in all fields of technology, provided they are (1) new, (2) involve an innovative step and (3) capable of industrial applications. 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 microorganisms etc.

5. Patents

Patent Rights
If product patent: prevention of others from unauthorized making, using, selling or importing of them If process patent: prevention of others from unauthorized using of the process and selling or importing of the product directly obtained from the process Exception: if permission from the right holder is not forthcoming during national emergency, public non-commercial use in non-exclusive manner limited only for the necessary period

6. Layout-designs of Integrated Circuits

Prevention of unauthorized selling, importing and distribution for commercial purposes Post-purchase knowledge about the right royalty payment to the Right Holder Not less than 10 years from the date of filing

7. Undisclosed Information
Protection against unfair competition protect undisclosed information and data submitted to the Government as discussed under Paris Convention (1967) Data protected so long as the information is (1) secret among a close group, (2) has commercial value because it is secret Protected unless it is necessary to protect public by withdrawing it

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 change TRIPS provisions relating to patents and public health (WTO, December 6 2005). The provision will formally be a part of TRIPS agreement, when two-third of the Members ratify it by 1 December 2007. Once implemented, this would mark the first amendment of a core WTO agreement and therefore marks a landmark for the developing countries. CBD Negotiations on Traditional Knowledge and benefit sharing

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 cost developing 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 for domestic manufacturing and the other for exports) It would be difficult for countries without a manufacturing base to get cheap drugs

TRIPS-Issues for African Countries

TRIPS Agreement has been biased against developing countries advantages The Agreement has kept aside large applications of Traditional Knowledge in genetic, biological and natural resource and management and conservation of such resources and environment in ways which have economic, commercial and cultural value. Patenting of life organisms and materials of medicinal value are done at the expense of local communities and benefit the large multi-national chemical and drug companies. Technology transfer would become costlier

TRIPS - Tanzania
IPRs legislation in mainland Tanzania comprises: the Patents Act No. 1 of 1987, the Trade and Service Marks Act No. 2 of 1986, and the Copyright and Neighbouring Rights Act No. 7 of 1999. No legislation on geographical indications Parallel imports of goods and services containing any form of intellectual property rights are allowed Currently revising their legislation with respect to patents and trade marks to meet WTO commitments by 1 July 2013 with the help of WIPO.

TRIPS - Tanzania
The Business Registration and Licensing Agency (BRELA) continues to administer mainland Tanzania's IPR protection. Patents protection is granted for ten years, and can be renewed for 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), a copyright office for mainland Tanzania. Tanzania (including Zanzibar) is a member of the African Regional Intellectual Property Organization (ARIPO), which grants patents and design registrations effective in the 14 ARIPO member countries.