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ECONOMIC ENVIRONMENT OF BUSINESS
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 refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce
Why TRIPS?
Sets down minimum standards for many forms of intellectual property (IP) regulation It includes requirements that nations' laws must meet for: copyright rights and industrial property
Intellectual property Intellectual property Industrial property Patents, Trademarks Industrial designs Geographic indications,
copyrights literary and artistic work
TABLE OF CONTENTS 1.INTRODUCTION 2.INTRODUCTION TO TRIPs 3.FEATURES OF TRIPs 4.NECESSITY 5.DIFFERENT IPR’s 5.1 COPYRIGHTS 5.2 RELATED RIGHTS 5.3 TRADEMARKS 5.4 GEOGRAPHICAL INDICATONS 5.5 INDUSTRIAL RELATIONS 5.6 PATENTS 5.7 LAYOUT DESIGNS OF INTEGRATED CIRCUITS 5.8 PROTECTION OF UNDISCLOSED INFORMATION 5.9 CONTROL OF ANTI-PROTECTIVE PRACTICES IN CONTRACTUAL LICENCES 6. IMPACT OF TRIPs ON INDIAN SECTORS 6.1 SOFTWARE SECTOR 6.2 PHARMACEUTICAL SECTOR 6.3 AGRICULTURAL SECTOR 7. ENFORCEMENT 8. CONCLUSION 9 REFERENCES
INTRODUCTION
STARTED DURING URUGUAY ROUND TUSSLE BETWEEN COUNTRIES OF NORTH AND SOUTH CONCEPT SEEKS TO DIVORCE THE IDEA FROM THE EXPRESSION OF IDEA,DESIGN OR PROCESS
INTRODUCTION TO TRIPs
TRADE RELATED INTELLECTUAL PROPERTY RIGHTS -1994 “All other property, creation of mind and brain that you cannot touch see and move but has great value and provides competitive business advantage”
MAIN FEATURES
NON DISCRIMINATION – No favouritism DURATION OF IPRs a)Patents -20 Yrs b)Copyrights -50 Yrs c)Trademarks -7 Yrs SCOPE OF IPRs –It confers many rights to the patentees. LICENSING- Specifies that compulsory licenses must be nonexclusive and of limited duration. TRANSITION PERIOD FOR LDCs -Allows developing countries a ten-year grace period to implement provisions. ENFORCEMENT MECHANISM - Provides clear and enforceable rules plus dispute settlement mechanisms.
NECESSITY OF TRIPs 1. 2. 3. 4. 5.
PROTECTION NEW SITUATIONS AND PROBLEMS US INTEREST BENEFITS TO DEVELOPED NATIONS 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 Quality, reputation INDICATIONS 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 ANTICOMPETITIVE 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
Impact on the software sector
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 o o
o o o
Issue of Price and Accessibility Access to New Medical Products Private Venture Capital Firms are Willing to invest in Technology based start up companies. Flow of Technical knowledge Fear of Competition 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 Decreases the Independence of Farmers. 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.
Representation in Various Fora ♦ Participation in the finalization of intellectual
property must also be widened. This calls for collaboration -- in national and global fora – between industry, governments, regulators and civil society organizations.
References
websites: www.wto.org www.hg.org/intell/ www.ecommerce.ipo.int/ www.worldlegalforum.co.uk/ www.xime.com/ www.apnic.net/ www.indiainfoline.com
THANK YOU
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 refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce
Why TRIPS?
Sets down minimum standards for many forms of intellectual property (IP) regulation It includes requirements that nations' laws must meet for: copyright rights and industrial property
Intellectual property Intellectual property Industrial property Patents, Trademarks Industrial designs Geographic indications,
copyrights literary and artistic work
TABLE OF CONTENTS 1.INTRODUCTION 2.INTRODUCTION TO TRIPs 3.FEATURES OF TRIPs 4.NECESSITY 5.DIFFERENT IPR’s 5.1 COPYRIGHTS 5.2 RELATED RIGHTS 5.3 TRADEMARKS 5.4 GEOGRAPHICAL INDICATONS 5.5 INDUSTRIAL RELATIONS 5.6 PATENTS 5.7 LAYOUT DESIGNS OF INTEGRATED CIRCUITS 5.8 PROTECTION OF UNDISCLOSED INFORMATION 5.9 CONTROL OF ANTI-PROTECTIVE PRACTICES IN CONTRACTUAL LICENCES 6. IMPACT OF TRIPs ON INDIAN SECTORS 6.1 SOFTWARE SECTOR 6.2 PHARMACEUTICAL SECTOR 6.3 AGRICULTURAL SECTOR 7. ENFORCEMENT 8. CONCLUSION 9 REFERENCES
INTRODUCTION
STARTED DURING URUGUAY ROUND TUSSLE BETWEEN COUNTRIES OF NORTH AND SOUTH CONCEPT SEEKS TO DIVORCE THE IDEA FROM THE EXPRESSION OF IDEA,DESIGN OR PROCESS
INTRODUCTION TO TRIPs
TRADE RELATED INTELLECTUAL PROPERTY RIGHTS -1994 “All other property, creation of mind and brain that you cannot touch see and move but has great value and provides competitive business advantage”
MAIN FEATURES
NON DISCRIMINATION – No favouritism DURATION OF IPRs a)Patents -20 Yrs b)Copyrights -50 Yrs c)Trademarks -7 Yrs SCOPE OF IPRs –It confers many rights to the patentees. LICENSING- Specifies that compulsory licenses must be nonexclusive and of limited duration. TRANSITION PERIOD FOR LDCs -Allows developing countries a ten-year grace period to implement provisions. ENFORCEMENT MECHANISM - Provides clear and enforceable rules plus dispute settlement mechanisms.
NECESSITY OF TRIPs 1. 2. 3. 4. 5.
PROTECTION NEW SITUATIONS AND PROBLEMS US INTEREST BENEFITS TO DEVELOPED NATIONS 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 Quality, reputation INDICATIONS 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 ANTICOMPETITIVE 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
Impact on the software sector
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 o o
o o o
Issue of Price and Accessibility Access to New Medical Products Private Venture Capital Firms are Willing to invest in Technology based start up companies. Flow of Technical knowledge Fear of Competition 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 Decreases the Independence of Farmers. 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.
Representation in Various Fora ♦ Participation in the finalization of intellectual
property must also be widened. This calls for collaboration -- in national and global fora – between industry, governments, regulators and civil society organizations.
References
websites: www.wto.org www.hg.org/intell/ www.ecommerce.ipo.int/ www.worldlegalforum.co.uk/ www.xime.com/ www.apnic.net/ www.indiainfoline.com
THANK YOU
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