Trade Related Aspects Of Intellectual Property Rights (TRIPS)

TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data

1. TRIPS Agreement By Anjita khadka

2. INTRODUCTION TRIPS is the abbreviation for Trade Related Aspects Of Intellectual Property Rights Effective since 1995 It was negotiated at the end of Uruguay round of the General Agreement On Tarrifs and Trade in 1994 Parties involved are all the 158 WTO members Simply put forward this agreement sets down minimum standards for many forms of Intellectual Properties TRIPS agreement covers the following areas: Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations ) Trademarks including service marks Geographical indications including appellations of origin Industrial designs; patents including the protection of new varieties of plants Layout-designs of integrated circuits and Undisclosed information including trade secrets and test data

3. Main features of TRIPS Standards Enforcements Settling disputes

4. Standard Agreement sets out the minimum standards of protection to be provided by each Member, in respect of each of the main areas of intellectual property covered by the TRIPS Agreement. Each of the main elements of protection is defined; Subject-matter to be protected, Rights to be conferred and permissible exceptions to those rights, and Minimum duration of protection Obligations of the compliance on the pre-existing convention Paris Convention for the Protection of Industrial Property Berne Convention for the Protection of Literary and Artistic Works Also adds a substantial number of additional obligations on matters where the pre-existing conventions are silent or were seen as being inadequate TRIPS Agreement is thus sometimes referred to as a Berne and Paris-plus agreement

5. ENFORCEMENTS Deals with domestic procedures and remedies for the enforcement of intellectual property rights. Lays down certain general principles applicable to all IPR enforcement procedures. In addition, it contains provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights.

6. DISPUTE SETTLEMENTS Makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO's dispute settlement procedures.

7. Patents for Pharmaceutical products: A patent is a set of exclusive rights granted by a state (national government) to an inventor for a limited period of time in exchange for a public disclosure of an invention . A patent is granted only for a certain period of time Any person imitating the invention or new manufacturing process, without the consent/permission of the patent holder, is committing an act of violation. Once the period of the patent has expired competitor companies are free to manufacture the product which was prevously patented .

8. Importance of patents in pharmaceutical product: Newer medicines are required for tuberculosis, HIV/AIDS and for bacterial infections due to the problem of resistance. The majority of new medicines are discovered and nearly all such medicines and vaccines are developed by commercial industries of developed countries. Industry undertakes the risks of doing multi-year tests on the effective dose, proper indications, and safety profiles of new chemical and biological compounds, and then designs quality assurance systems for manufacture of the medicines before the medicine is approved by governmental regulatory authorities. The failure rate is high.

9. T he drug research and development process is not only risky but it is also expensive. Thus strong intellectual property protection in major developed and developing countries is absolutely essential. According to the provisions under TRIPs agreement, the period of drug patents has been set for 20 years to allow companies to recover costs involved in drug research and development.

10. Effects of drug patent on less-developed countries: The prices of patented drugs and the amount of patent royalties will increase with the strengthening and prolongation of the patent holders’ monopoly. The introduction and strengthening of patents for pharmaceutical products will certainly not lead to an increase in R&D investment by enterprises in developing countries because of lack of technical infrastructure and financial and human resources.

11. Access to medicine Millions of people die each year of diseases that are preventable or treatable. Access to treatment for diseases in developing countries is problematic either because the medicines are unaffordable, have become ineffective due to resistance, or are not sufficiently adapted to specific local conditions and constraints Most patients in poor countries do not have access to the medicines they require to treat their ailments due to their high prices For the poor in developing countries, availability and affordability of essential medicines are both key problems ( due to low purchasing power and poor infrastructure)

12. Monopolistic position (20 yrs from the date of application) over the manufacture and distribution of life-saving drugs. Control is granted by the IPR framework, developed under the TRIPS Agreement Policy instruments available under TRIPS such as compulsory licenses or government use, parallel imports and price controls could attenuate adverse effects on the affordable access to medicines considered essential.

13. There are several policy options open to the governments of WTO member countries under TRIPS to attenuate the adverse price increases associated with product patents: i . Compulsory licenses: Under a compulsory license, the right holder is forced to license his patented invention to a third party, decided by governments or courts, and obtain an ‘adequate remuneration’ in return. ii) Parallel import: Parallel imports are cross-border trade in a patented product, without the permission of the manufacturer or publisher. Parallel imports take place when there are significant price differences for the same good in different markets. iii) Generic medicines iv) Price control

14. The Patent, Design and Trade Mark Act, 2022 (1965) Whereas it is necessary to update the legal arrangements in respect to patents, designs and trade-marks for the convenience and economic benefit of the general Public, shall register such patent in his/her name under this Act. No one shall copy or use or cause to use in the name of the others without transforming the ownership or written permission pursuant to Section 21d, Valid only for a period of seven years from the date of registration thereof under Section 7, except when it is renewed under Section 23 B.

15. Penalty for violation of Section 3 A fine of up to Five Hundred Thousand Rupees for committing an offense A fine of up to Two Hundred and Fifty Thousand Rupees for committing an attempt The goods or commodities related to the offense shall be confiscated In case a person, contravenes the provisions or operates a design invalidated the Department, may be punished with a fine not exceeding Fifty thousand Rupees , and articles and goods connected with such offense shall be confiscated on the order of the Department, as per the gravity of offense.

16. Illegal use of trade marks One Hundred Thousand Rupees and articles and goods connected with such offense confiscated

17. Thank you!