Trips agreement

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Trips agreement

  1. 1. Introduction to TRIPs Agreement of GATT/WTO The General Agreement on Tariffs and Trade (GATT), which was signed in 1947, is a multilateral agreement regulating trade among about 150 countries. According to its preamble, the purpose of the GATT is the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." Prasad. A. Pednekar.
  2. 2. Presented By: Prasad. A. Pednekar. LL.M 1st Year IPR.TRIPS AGREEMENT OF GATT.TRIPS Agreement lays down normsand standardsfor seven types of intellectualproperty,•Copyright and related rights•Trademarks•Geographical indications•Industrial Design•Patents*Undisclosed information*Lay out design of integrated circuits. *Control of Anti-CompetitivePractices in contractual Licences.Prasad. A. Pednekar
  3. 3. BASIC PRINCIPLES OF TRIPS. Part I General Provisions and Basic Principles Part II Standards concerning the availability, scope and use of Intellectual property Rights. Part III Enforcement of Intellectual Property Rights Part IV Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedure. Prasad. A. Pednekar.
  4. 4. ENFORCEMENT OF INTELLECTUALPROPERTY RIGHTS. ONGATT,1994. General Obligations. Civil and Administrative Procedures and Remedies. Provisional Measures. Special Requirements Related to Border Measures. Criminal Procedures. Prasad A. Pednekar.
  5. 5. GENERAL OBLIGATIONS.  Members shall ensure that enforcement procedures as specified in this Part are available under their law so as to permit effective against any act of infringement of intellectual property right covered by this Agreement, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.  Prasad A.Pednekar
  6. 6. The Agreement on Trade-RelatedAspects of Intellectual PropertyRights (TRIPs) The most detailed and comprehensiv e multilateral agreement on intellectual property yet negotiated! Prasad. A. Pednekar
  7. 7. DRAWBACKS OF TRIPS. Central Vigilance System No Amendments Not Defined Patent, Copyright, Trade mark The Resale Right Depends upon Reciprocity There is no Proper Implementation of DSB orders  Prasad.A Pednekar
  8. 8. PROTECTION OF TRADE MARKSUNDER TRIPS AGREEMENT. Protectable Subject- Matter Under article 15 Article 16 Rights Conferred Article 17 Exceptions Article 18 Term of Protection Article 19 Requirement of use Article 20 Other Requirements Article 21 Licensing and Assignment Prasad A Pednekar

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