TRIPS AGREEMENT

TEAM MEMBERS ANUSHRUTI DAS(118) PAWAN KUMAR ER. ANKIT SINGH(115)

INTRODUCTION

(E-Procurement)

E-procurement systems, applications designed to allow businesses use the Internet in order to acquire the necessary goods and services, are not all created equal.
Helps businesses to cut overhead

costs and reach a larger customer base. It can begin with the actual sale coming through to the purchaser and end with the customer's invoice and payment.

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 Reason 1: Intellectual property

Ca

had become important in international trade relations Reason 2: Existing conventions in the IP field lacked efficient enforcement provisions against counterfeitng and piracy

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TRIPS: Industrial property standards.

Provisions on the contents of the

rights in respect of patents trademarks geographical indications industrial designs lay-out designs of integrated circuits protection of undisclosed information (trade secrets).

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 Technological dependence on

TRIPS: Disadvantages

Foreign firms. Increased outflow of foreign exchange due to commitments undertaken in the field of TRIPS, TRIMS and services. Increasing intrusion in domestic sovereignty.

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 The Agreement sets out minimum standards to

TRIPS: Agreement

be adopted by the parties, though they are free to provide higher standards of protection. A transition period of five years is available to all developing countries to give effect to the provisions of the TRIPS Agreement. This period ended on 1.1.2000. No transitional period is available, however, for grant of national treatment and most favoured nation treatment. Countries that did not provide product patents in certain areas of technology as on 1.1.1995, can delay the grant of product patents in those areas for another five years i.e.., upto 1.1.2005.

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 The copyright enables the author to claim

TRIPS: Category

COPYRIGHT:Copyright is the exclusive right given by law to the creators of literacy, musical and artistic worlds, films and records.

authorship of the work as well as to restrain or claim damages in respect of distortion or other modifications in the work The adequacy of the present copyright Act, 1957 (The copyright (Amendment) Act, 1999. in force in India to meet the requirements of minimum protection sought by the provisions of the TRIPS Agreement, requires analysis. Section I of Part II of TRIPS Agreement is related to copyright and related matters. Article 9 to 14 of the TRIPS Agreement deal with copyright and related matters.

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 When a person gets his trade mark registered

TRADEMARK:Trade mark is an identification symbol which is used in the course of trade to enable the purchasing public to distinguish one traders goods from similar goods of other traders.

under law, he acquires valuable rights by reason of such registration. Registration of his trade mark gives him the exclusive right to the use of the trade mark in connection with the goods in respect of which it is registered. Section 2 of Part II of the TRIPS Agreement is concerned with the Trade Marks. WTO member countries are obliged to grant full protection to the registered trade marks. Trade Marks Act, 1999 has provided for the registration of service mark also. TRIPS aims that the members provide the maximum protection to this mark, in accordance with this Agreement (Article 15 to 21).

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 In respect of any agricultural goods, natural goods

GEOGRAPHICAL INDICATION:Certain geographical names have acquired a lot of importance in the commercial market, particularly with regard to the goods uniquely associated with such names.

or manufactured goods, or any goods of handicraft or goods of industry including food stuff, generally, bears the geographical indications to attracts the attention of the consumers. The Geographical Indications of Good (Registration and Protection) Act, 1999 is now the law in India. TRIPS Agreement also provided the protection of geographical indications. Section 3 of the Part II of TRIPS Agreement deals with the Geographical Indications.

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INDUSTRIAL DESIGN:-

Consumers are influenced by the appearance of the article in their choice. Many people blindly choose the article which catches their eye by appearance. At the time of purchase, people are attracted by a design which has an artistic merit.
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Under the Design Act, 1911, Creation for registration of a design is that it should be new or original. It should not also have been previously published. Design means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means.

 Section 5 of Part II of TRIPS Agreement

PATENT:- A patent is a legal monopoly granted to the owner of a new invention which is capable of use, for a limited period of
time.

relate to the patent. A patent is a form of industrial or intellectual property. A patent being a creation of statute is territorial in extent. A patent granted in one state cannot be enforced in another state unless the invention concerned is also patented in that state. India has had a patent system since 1856, and the present Patent Act, 1970 is a successor to the Indian Patent and Design Act, 1911.

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 Section 6 (Art 35 to 38) of Part II of

Layout Designs (Topographics) of Integrated Circuits

the TRIPS Agreement covers the right of the layout design (Topographic) of integrated circuits. All the modern products are having transistors and other circuitry elements which are inseparably formed on a semiconductor material and these semiconductors are intended to perform an electronic function. Layout designs of integrated circuits are considered as intellectual property.

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 Section 7 part II of TRIPS covers

Undisclosed information (Confidential Information)

undisclosed Information. People in business, trade and manufacture prepare to keep the information relating to their financial management, inventive administrative procedures which contribute to efficiency in production and value addition undisclosed. It is inherent in every person acquire, retain and protect undisclosed information about his business, trade and manufacture.

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TRIP: FEATURES

Standards : In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the agreement sets out the minimum standards of protection to be provided by each Member. Each of the main elements of protection is defined, namely the subject-matter to be protected, the rights to be conferred and permissible exceptions to those rights, and the minimum duration of protection. Enforcement: In a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights.

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Dispute settlement.
The Agreement makes disputes between

WTO Members about the respect of the TRIPS obligations subject to the WTOs dispute settlement procedures.

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Thank you
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