Introduction to TRIPs Agreement

of GATT/WTO

 The General Agreement on Tariffs

and Trade (GATT), which was signed
in 1947, is a multilateral agreement
regulating trade among about 150
countries. According to its preamble,
the purpose of the GATT is the
"substantial reduction of tariffs and
other trade barriers and the
elimination of preferences, on a
reciprocal and mutually advantageous
basis."

 Prasad. A.
Pednekar.
 Presented By:
Prasad. A. Pednekar. LL.M 1st
Year IPR.

TRIPS AGREEMENT OF GATT.

TRIPS Agreement lays down norms
and standards
for seven types of intellectual
property,
•Copyright and related rights
•Trademarks
•Geographical indications
•Industrial Design
•Patents
*Undisclosed information
*Lay out design of integrated circuits.
*Control of Anti-Competitive
Practices in contractual Licences.
Prasad. A. Pednekar
BASIC PRINCIPLES OF TRIPS.

Part I General Provisions and Basic

Principles
 Part II Standards concerning the
availability, scope and use of
Intellectual property Rights.
 Part III Enforcement of Intellectual
Property Rights
 Part IV Acquisition and Maintenance
of Intellectual Property Rights and
Related Inter-Partes Procedure.

Prasad. A. Pednekar.
ENFORCEMENT OF INTELLECTUAL
PROPERTY RIGHTS. ON
GATT,1994.

 General Obligations.
 Civil and Administrative
Procedures and Remedies.
 Provisional Measures.
 Special Requirements Related
to Border Measures.
 Criminal Procedures.

Prasad A.
Pednekar.
GENERAL OBLIGATIONS.

 Members shall ensure that

enforcement procedures as specified
in this Part are available under their
law so as to permit effective against
any act of infringement of intellectual
property right covered by this
Agreement, including expeditious
remedies to prevent infringements
and remedies which constitute a
deterrent to further infringements.
These procedures shall be applied in
such a manner as to avoid the
creation of barriers to legitimate trade
and to provide for safeguards against
their abuse.

 Prasad A.Pednekar
The Agreement on Trade-Related
Aspects of Intellectual Property
Rights (TRIPs)

The most
detailed and
comprehensiv
e multilateral
agreement on
intellectual
property yet
negotiated!

Prasad. A. Pednekar
DRAWBACKS OF TRIPS.

Central Vigilance System

No Amendments
Not Defined Patent, Copyright,
Trade mark
The Resale Right Depends upon
Reciprocity
There is no Proper
Implementation of DSB orders

 Prasad.A
Pednekar
PROTECTION OF TRADE MARKS
UNDER TRIPS AGREEMENT.

 Protectable Subject- Matter Under

article 15
 Article 16 Rights Conferred

 Article 17 Exceptions

 Article 18 Term of Protection

 Article 19 Requirement of use

 Article 20 Other Requirements

 Article 21 Licensing and Assignment

 Prasad A Pednekar