E-Commerce IWS_Jan 27_TRIPS

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E-Commerce IWS_Jan 27_TRIPS

  1. 1. TRIPS in Global E-Commerce<br />Trade Related Aspects of Intellectual Property Rights<br />
  2. 2. What Is TRIPS?<br />WTO Agreement on Trade Related Aspects of Intellectual Property Rights<br />Signed at the Marrakesh ministerial meeting in 1994<br />“to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade”<br />
  3. 3. What Is TRIPS?<br />TRIPS protects the following types of IP rights:<br />Copyright and Related Rights<br />Trademarks<br />Geographical Indications<br />Industrial Designs<br />Patents<br />Layout-Designs (Topographies) of Integrated Circuits<br />Protection of Undisclosed Information<br />
  4. 4. What is TRIPS<br />TRIPS does not anticipate the exponential growth of e-commerce or international electronic trade<br />Since 1998 (dot-coms anyone?), WTO has had a moratorium on customs duties for electronic transaction. This informal agreement has been extended from year to year, but the WTO has no official position on how to treat e-commerce and e-trade<br />
  5. 5. What is TRIPS<br />In 1998, the WTO instituted an E-commerce work programme to assess the impact of electronic transactions. <br />“Broadly speaking, electronic commerce is the advertising, sale and distribution of products or services electronically. . . . The [WTO] has decided that the task should cover reviewing all issues related to trade arising from global electronic commerce, including the economic, financial and development needs of developing countries.” <br />Like all multi-party negotiations, progress has been<br />SLOW <br />From 2005 to 2009, there were NO substantive discussions on e-commerce. In 2009, members agreed on a draft protocol to send to the General Council.<br />
  6. 6. E-Commerce and the WTO<br />Electronic Commerce and the WTO (video)<br />Electronic Commerce and the Role of the WTO (pdf)<br />E-Commerce Gateway (doc repository)<br />

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