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TRIPs – IMPLICATIONS
FOR INDIA
Presented by :
Group 7
Dipika Poddar
Mohit Agarwal
Rahul Agarwal
Ankit Gupta
Saurabh Gupta
Brijesh Gupta
TRIPS
Trade related
intellectual property
rights
What is intellectual
property
Intellectual property
1. PROTECTION
2. NEW SITUATIONS AND PROBLEMS
3. US INTEREST
4. BENEFITS TO DEVELOPED NATIONS
5. COST OF R&D
COPYRIGHT
copyright protection shall extend to
expressions and not to ideas,
procedures, methods of operation
compilations of data or other
material shall be protected as such
under copyright
right to authorize or to prohibit the
commercial rental to the public of
originals or copies of their copyright
works.
RELATED RIGHTS
Performers can prevent the
unauthorized fixation of their
performance
Members have to grant exclusive
reproduction right
term of protection
Member may provide for conditions,
limitations, exceptions and
reservations
TRADEMARKS
Any distinguishing sign, or any
combination of signs qualifies for a
trademark
Members may make registrability
depend on use
Trademark of one company can’t br
used by other without permission
Registration of trademark is for a
minimum period of 7yrs
GEOGRAPHICAL
INDICATIONS
Quality, reputation or other characteristics
of a good can each be a sufficient basis for
eligibility
Interested parties must have legal means
to prevent use of indications which
mislead the public
Trademark which uses a geographical
indication in a way that misleads the
public must be refused
Article 24 contains a number of exceptions
to the protection of geographical
indications
INDUSTRIAL DESIGN
Provides for the protection of
independently created industrial
designs that are new or original
Special provision aimed at
requirements for securing protection
of such designs
Owner of a protected industrial
design has the right to prevent third
parties from using the registered
design
PATENTS
Inventions, whether products or processes,
in all fields of technology without
discrimination can be patented
Exclusive rights must be conferred by a
product patent
Members may provide limited exceptions
to the exclusive rights conferred by a
patent
Term of protection available shall not end
before the expiration of a period of 20
years
Applicant for a patent shall disclose the
PROTECTION OF UNDISCLOSED
INFORMATION
The protection must apply to
information that has commercial
value because it is secret
It require that a person lawfully in
control of such information must
have the possibility of preventing it
from being disclosed
Contains provisions on undisclosed
test data and other data
CONTROL OF ANTI-
COMPETITIVE PRACTICES IN
CONTRACTUAL LICENCES
Some licensing practices or
conditions pertaining to intellectual
property rights which restrain
competition
Member countries may adopt
appropriate measures to prevent or
control practices in undesirable
licensing
Provides for a mechanism whereby a
IMPACT OF TRIPs ON THE 3
MAIN INDIAN SECTORS
Development of Software
EDUCATION: affect the availability of
trained professional.
Impact on Exports
Impact on E-commerce
IMPACT OF TRIPs ON THE 3
MAIN INDIAN SECTORS
TRIPs AND PHARMACEUTICAL
SECTOR
o Issue of Price and Accessibility
o Access to New Medical Products
o Private Venture Capital Firms are Willing
to invest in Technology based start up
companies.
o Flow of Technical knowledge
o Fear of Competition
o Skepticism nurtured by Developed
Countries
IMPACT OF TRIPs ON THE 3
MAIN INDIAN SECTORS
IMPACT ON AGRICULTURAL SECTOR
Developing countries like India are suppliers
of almost all original “germplasm” used in
research.
Property Rights obtained in Gene
Technology
TNC’s to dominate the Agriculture Industry
Instances
CONCLUSION
Main issue is to ensure that technology is
made available to developing countries
Even compulsory licensing not effective in
this regard.
Enforcement
India has one of the toughest copyright
laws in the world. There are several
steps taken by various organizations
(such as NASSCOM, etc) in order to
effectively implement these laws.