The TRIPS agreement is an important as that of
trade in goods(GATT) and trade in services(GATS).
The main objectives is providing protection to the
holder of the intellectual property right, which
can be claimed by an individual, company or
even people of a geographical region.
The right over intellectual property can be called
a “MONOPOLY RIGHT” conferred on the
inventor, creator, user or region.
The right recognized as “legal property”, however,
can be claimed for fixed pre-determined periods
of time except trademark and geographical
indication of origin where protection is offered in
Such protection was earlier given to goods and services
under what are called “great conventions”.
The PARIS CONVENTION related to patents
The BERNE CONVENTION related to copyrights
The ROME CONVENTIONS to the field of performing arts
The WASHINGTON TREATY on integrated chips.
WIPO has simultaneous responsibilities for the Paris and Berne
PATENTS are given to inventions that are:-
A patent is valid for 20 years from the date of filling of the
An invention which is frivolous or which claims
anything obviously contrary to well established
An inventions, the primary or indented use of
which would be contrary to law or morality or
injurious to public health.
The more discovery of a scientific principles
The mere discovery of any new property or new
use for a known substances.
A substances produced by a mere admixture
resulting only in aggregations of properties.
Mere arrangement and rearrangement of known
A method of agriculture or horticulture.
PLANT AND ANIMALS
Compulsory licensing and government use
without the authorization of the rights holder are
allowed but are made subject to conditions aimed
at protecting the legitimate interest of the right
When patents are called “monopoly rights”,
copyrights can be termed as a ‘negative right’. That
is, a copyright prohibits person from reproducing or
copying any “literary, dramatic, musical works”
without the consent of the owner who has the
copyright over that work.
This protection also applies to cinematograph films,
sound recordings and now, computer programmes.
The TRIPS agreement mentions that “copyright
protection shall extend to expressions, and not
to ideas, procedures and method of operations
or mathematical concepts as such”.
Just as “commercial use or utilities” is an
important precondition for the granting of a
patents, ideas should have crystallized as
expression or artistic forms for the granting of
The terms of protections for films, sound
recordings, and photographs is 60 years from the
The terms of protection as stipulated by the TRIPS
agreement for literacy, dramatic, musical works is
LIFETIME of the person ‘PLUS 50 years
The owner of the copyright can:-
Reproduce the work in any
material from including those
Perform the work in public or
communicate it to the public
Translate or make any adaption
of the work
A trademark is a visual symbols in the form of a word,
device, name, letter or numeral, brand, heading,
signature or label or any combination involved in
offering the product. The company can be one
involved in manufacturing goods or offering services.
A trademarks or a service mark enables a person to
make a distinction between products and suppliers.
Where signs are not inherently capable of distinguishing the
relevant goods or services, members may make registrability depend
on distinctiveness acquired through use. Members may require as a
condition of registration, that sign be visually perceptible.
Members may make registrability depend on use. However, actual
use of a trademarks shall not be a condition for filling an
application for registration.
The nature of the goods or services to which a trademark is to be
applied shall in no case form an obstacle to registration of the
Members shall publish each trademark either
before it is registered or promptly after it is
registered and shall afford a reasonable
opportunity for petitions to cancel the
registration. In addition, members may afford
an opportunity for the registration of
trademark to be opposed
ARTICLE 18 on “ terms of protection” indicates that:-
The term of protection for a trademark shall be for a term
of not less than seven years. The registration of a
trademark shall be renewable indefinitely.
ARTICLE 19 an “ requirement of use” stipulates
If use is required to maintain a registration may be
cancelled only after an uninterrupted period of at least
3 years of non-use, unless the owner of the trademark
shows valid reasons for non- usage. The article also
goes on to mention than the use of a trademark by a
person than the owner can be considered as use of the
trademark for the purpose of maintaining the
The registration is for 10 years and can be
renewed indefinitely subject to the provision of
The registration confers upon the registered user
the exclusive right over the use of the
geographical indication in relation to the goods
that has been registered.
Though the right does not extends to licensing or
pledging, it devolves on the legal successo.r on the
death of an authorized user
The Indian act recognizes an infringement when
attempt is made to mislead persons by indicating
that a good has originated from a particular area
or region though it is not really so,
for example, mentioning a tea grown outside West-
Bengal, India as Darjeeling Tea.
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