This presentation is for education purpose which includes all the parts of TRIPS. The agreement on trade related aspects of intellectual property rights is an international legal agreement between all the member nations of the world trade organization.

1. TRIPS
AGREEMENT
Guided by- Presented by-
Dr.Vivekananda Mandal Vinay bisen
M.Pharm 1st sem
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2. Q.What is intellectual property ?
• The property or output produced from human creativity using human
intellectual power, creative ideas, critical thinking and mind power such
output could take the shape of invention, design, trademark, literary and
artistic works etc.
Q. What are intellectual property rights ?
Intellectual property rights are the legal rights that protects the persons
creations
This rights give their owners, rights to exclude others from making use of
their creation this means that the person creation is protected 2

3. TRIPS
↓
Trade related aspects of Intellectual property rights
↓
Most comprehensive & multilateral agreement on intellectual property
• Trips is an international agreement administered by WTO
(world trade organization)
• This trips agreement sets down minimum standards for many form of
intellectual property regulations and this will be applied to other WTO
members
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4. • The involvement and contribution of intellectual creation of human mind in
international trade is enormous.
Critical thinking Innovation Make money
• If adequate protection is not provided trade aspects may get dismantled
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5.  AlreadythereweresometreatisesuchasParisconventionandBerneconventionfor
protectionofintellectualcreationsbuttherewasaneedforacommontreaty
 Withmoreemphasisonthetraderelatedaspectsof intellectualproperty,anurgentneed
wasfelttoestablishaninternationalagreementinthecontextofGATT
 TripsbecameoneofthefocusedareasfordiscussionattheUruguayroundofGATT,which
beganin1986
 Alongwithotheragreements,theTRIPSagreementwasfinallyagreeduponatthe
ministerialmeetinginMarrakesh,MoroccoinApril1994
 Andcameintoforceaspartof theWTOagreementonJanuary1st 1995.

6. The four key
issues of
TRIPS which
were consented
upon were-
Uniform international standard norms of IPR
protection
Creating national laws by respective countries
for enforcement of IPR protection
Settlement of dispute between parties
Interrelationship of TRIPS with other
agreement like GATT and organization like
WIPO and treaties administered by WIPO
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7. The TRIPS agreement is a very comprehensive treaty with 73
articles divided into seven parts.
• PART 1
Sets the general provisions and basic principles
member countries have to develop and enact their own domestic
laws to implement all the feature of Trips
Members shall comply and oblige with other existing treaties such as
Paris convention and Berne convention
Same treatment should be given to other member countries
• PART 2
Provides minimum standard, scope and use of intellectual property
rights such as patents, copyrights, trademarks etc.
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8. • PART 3
Contains detailed provisions regarding general obligations
(members shall make provision for criminal procedures and penalties in cases
related trademark counterfeiting or copyright piracy, Remedies include
imprisonment or fines)
• PART 4
Acquisition and maintenance standards of IPR
• PART 5
Dispute prevention and settlement
• PART 6
Reflects provisional arrangement indicating transitional arrangement for the
implementation of TRIPS by lesser developed countries
• PART 7
Final provisions which states that council for TRIPS shall monitor the operation of
this agreement and compliance of member countries
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9. DOHA Declaration
• A special ministerial declaration at the WTO ministerial conference in
DOHA (known as the DOHA declaration on TRIPS agreement and public
health) in 2001 was adopted by member countries to protect public
health.
• There was a concern regarding availability of patented drugs which are
required to control diseases of public health like HIV, tuberculosis,
malaria etc
• The said declaration agreed upon at DOHA was basically on providing
such patented drugs at an affordable price to developing/under
developed countries
• The above agenda can be implemented through compulsory licences
which empowers the government to licence the production of the
patented drug to a third party without the consent of the patentee. 9

10. • The DOHA declaration states that each member country has the right
to grant such licences and flexibility
• DOHA declaration also made way for parallel importation of patented
products without the consent of the patent holder
• Government can import lower priced patented drugs so that access to
life saving drugs can be provided to the public at large.
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