‘ TRIPS’-Plus Agreements By- Adv. Seethu Chandra Associate Altacit Global
SYNOPSIS <ul><li>Introduction. </li></ul><ul><li>What is the concept of ‘TRIPS’ -Plus? </li></ul><ul><li>What are ‘TRIPS’-...
Introduction <ul><li>The World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Righ...
What is the Concept of TRIPS-Plus? <ul><li>“ The TRIPS-Plus concept covers those activities that are aimed at increasing t...
What are TRIPS-Plus Agreements? <ul><li>TRIPS is about minimum standards and not optimum standards. So there is a scope fo...
Major TRIPS-Plus Agreements <ul><li>Anti Counterfeiting Trade Agreement (ACTA) </li></ul><ul><li>WIPO Copyright Treaty (WC...
Major Implications of TRIPS-Plus Initiatives <ul><li>The existence of a highly effective drive to raise IPR standards to o...
Conclusion <ul><li>The TRIPS-Plus provisions and agreements have positive and negative facets. One of the major positive f...
<ul><li>Thank you! </li></ul>
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Trips plus edited

  1. 1. ‘ TRIPS’-Plus Agreements By- Adv. Seethu Chandra Associate Altacit Global
  2. 2. SYNOPSIS <ul><li>Introduction. </li></ul><ul><li>What is the concept of ‘TRIPS’ -Plus? </li></ul><ul><li>What are ‘TRIPS’- Plus Agreements? </li></ul><ul><li>Major ‘TRIPS’ –Plus Agreements. </li></ul><ul><li>Major Implications of TRIPS-Plus Initiatives </li></ul><ul><li>Conclusion. </li></ul>
  3. 3. Introduction <ul><li>The World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) substantially changed the international intellectual property regime by introducing the principle of minimum intellectual property standards. In effect, this principle means that any intellectual property agreement negotiated subsequent to TRIPS among and/or involving WTO members can only create higher standards – commonly known as “TRIPS-plus”. </li></ul>
  4. 4. What is the Concept of TRIPS-Plus? <ul><li>“ The TRIPS-Plus concept covers those activities that are aimed at increasing the level of protection for intellectual property right holders beyond the level that is given in the TRIPS Agreement and those measures aimed at reducing the scope or effectiveness of various limitations and exceptions that are provided for the intellectual property rights.” </li></ul><ul><li>Common examples of TRIPS-plus provisions include extending the term of a patent longer than the twenty-year minimum, or introducing provisions that limit the use of compulsory licences or that restrict generic competition.   </li></ul>
  5. 5. What are TRIPS-Plus Agreements? <ul><li>TRIPS is about minimum standards and not optimum standards. So there is a scope for better agreements that would prescribe better, if not optimum standards for IPR protection. </li></ul><ul><li>The unilateral, bilateral or regional agreements that are concluded to scale up the standard of protection for IPRs may be termed as ‘TRIPS’ –Plus Agreements. </li></ul>
  6. 6. Major TRIPS-Plus Agreements <ul><li>Anti Counterfeiting Trade Agreement (ACTA) </li></ul><ul><li>WIPO Copyright Treaty (WCT). </li></ul><ul><li>WIPO Performances and Phonograms Treaty (WPPT) </li></ul><ul><li>Convention of Biodiversity(CBD). </li></ul><ul><li>Patent Law Treaty (PLT). </li></ul><ul><li>Trademark Law Treaty (TLT). </li></ul><ul><li>Convention on Protection of Plant Varieties (CPOV) </li></ul>
  7. 7. Major Implications of TRIPS-Plus Initiatives <ul><li>The existence of a highly effective drive to raise IPR standards to one global level. </li></ul><ul><li>The level of IPR protection standard that is currently being targeted is UPOV for plant varieties per se and patents for everything else (plant genes, animal breeds, human genetic sequences, etc.) </li></ul><ul><li>Comprehensive Economic Partnership Agreements (CEPA) that may be concluded between countries will have more TRIPS-Plus provisions included in them. </li></ul><ul><li>Data exclusivity and reduction in free flow of information across borders. </li></ul><ul><li>Monopolistic Markets. </li></ul>
  8. 8. Conclusion <ul><li>The TRIPS-Plus provisions and agreements have positive and negative facets. One of the major positive facet is that these would facilitate in tremendous growth in intellectual property creation. The negative facet would be the resultant monopolistic practices and distorted competition between developed and under developed countries. </li></ul><ul><li>In recent years, many developing countries have been coming under pressure to enact or implement tougher or more restrictive conditions in their IPR laws than are required by the TRIPS Agreement which are known as ‘TRIPS plus’ provisions. These countries are by no means obliged by international law to do this, but these countries would have no choice but to adopt these, as part of their trade agreements with the developed world. </li></ul>
  9. 9. <ul><li>Thank you! </li></ul>

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