This document provides an overview of intellectual property rights (IPR) and related international agreements. It begins with definitions of intellectual property and IPR, noting they grant exclusive rights over creative works. The document then discusses the history of IPR laws and treaties, including the Paris and Berne Conventions. It outlines the main types of IPR including copyrights, trademarks, patents, industrial designs, and geographical indications. The document also summarizes the key WTO agreements TRIPS and TRIMS, including their requirements around IPR standards and restrictions on certain investment measures.

1. Intellectual Property Rights(IPR)
TRIPS/TRIMS

2. Structure
• Introduction
• History and Treaties
• Types of IPR
• Why do we need IPR?
• TRIPS
• TRIMS
• Limitations of IPR
• Current Issues
• Implications for MNEs

3. What is Intellectual Property and IPR?
• Intellectual property (IP) is a term referring to a number of distinct
types of creations of the mind for which a set of exclusive rights are
recognized and the corresponding fields of law.
• Under IPR, owners are granted certain exclusive rights to a variety of
intangible assets, such as musical, literary, and artistic works;
discoveries and inventions; and words, phrases, symbols, and designs.
• Monitored by World Intellectual Property Organization (WIPO),
Switzerland.

4. History
• The need for a system arose when foreign exhibitors refused to attend
an International Exhibition of Inventions in Vienna in 1873 because they
were afraid that their ideas would be stolen and will be emulated in
other countries.
• 1883 - Paris Convention for the Protection of Industrial Property.
• 1886 - Berne Convention for the Protection of Literary and Artistic
Works. It gave rights to control, and receive payment for, the use of
literary and artistic works.
• 1893 - United International Bureaus for the Protection of Intellectual
Property - best known by its French acronym, BIRPI.
• BIRPI was the predecessor of what is today known as the World
Intellectual Property Organization or WIPO.

5. Treaties
• There are 21 international treaties in the field of intellectual property, which
are administered by WIPO.
• The treaties fall into three groups namely
– treaties, which establish international protection
– treaties, which facilitate international protection and
– treaties, which establish classification systems.
• 1994 Uruguay round - Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPs) and Agreement on Trade Related Investment
Measures (TRIMs) by WTO .
• 1996 - An Agreement between WIPO and the WTO provides for cooperation
concerning the implementation of the TRIPS Agreement, such as notification
of laws and regulations, and legislative assistance to member countries.

6. Intellectual property is divided into two categories
1. Industrial property which includes
• patents for inventions,
• trademarks,
• industrial designs and
• geographical indications
2. Copyright and related rights which cover
• literary and artistic expressions (e.g. books, films, music,
architecture, art),
• rights of performing artists in their performances,
recordings, and broadcasters in their radio and television
broadcasts which are also referred to as neighbouring
rights.
Types of IPR

7. • Copyrights - a legal concept giving the creator of an original
work exclusive rights to it, usually for a limited time.
• books, brochures and newspapers;
• theatrical works;
• oral presentations;
• choreographic works;
• music (with or without words);
• drawings, paintings, buildings and sculptures;
• designs;
• photographic works; and
• computer programs.

10. • Trademarks - a distinctive sign or indicator
used by an individual, business organization,
or other legal entity to identify those
products or services to consumers

11. Trademark Examples
Words Phrases

12. Trademark Examples
Symbols Designs

13. Industrial property
• Patents - a set of exclusive rights granted by
a sovereign state to an inventor for a limited
period of time in exchange for the public
disclosure of an invention.
• A right to exclude others from:
making, using, offering for sale, selling or
importing the patented invention

14. What Can Be Patented
 Process or Method
 Machine or Apparatus
 Article of Manufacture
 Composition of Matter
 Chemical Compounds
 Physical Mixtures
 Improvements of Any of the Above

17. • Industrial design rights - protects the visual
design of objects that are not purely
utilitarian.

19. • Geographical Indication - place names (in
some countries also words associated with a
place) used to identify the origin and quality,
reputation or other characteristics of products

21. “We can copy everything except your mother”
1. Chinese IP laws are unsophisticated.
2. The IP rights in China are of poor quality.
3. IP Laws and poor enforcement favour domestic interests.
4. Foreign parties cannot access the enforcement system.
5. Chinese patent office only came into existence by 1984.
– 212 cases filed in Chinese courts between 2006 and spring 2011.
– The main allegation was of patent, trademark, copyright, or trade
dress infringement.
Source: http://www.chinaipr.gov.cn &
Intellectual Property Rights in China (e3g Report)

22. Why do we need IPR?
• Protects the Creator
 Protects innovators from theft.
 Individuals have all elements of control.
 Easy to sort out disputes between individuals.
• Document Creations
 Creators document their innovations.
 Provide creators the freedom to converse about their innovation.

23. THE TRIPS
AGREEMENT

24. TRIPS
• Negotiated in the 1986-94 Uruguay Round
• Trade Related Aspects of Intellectual Property Rights (TRIPS) is a World
Trade Organization (WTO) agreement designed by developed countries to
enforce a global minimum standard of Intellectual Property Rights.
• Since TRIPS is part of the WTO agreements, developing countries that
want access to the global market through the WTO must accept the TRIPS
agreement, and integrate its IPR standards into their national legislation.

25. Broad Issues dealt in the Agreement
• How basic principles of the trading system and other international
intellectual property agreements should be applied
• How to give adequate protection to intellectual property rights
• How countries should enforce those rights adequately in their own
territories
• How to settle disputes on intellectual property between members of
the WTO
• Special transitional arrangements during the period when the new
system is being introduced.

26. TRIPS:Standards for IIP
Patent
• Patents shall be granted for any inventions, whether products or processes,
provided they are new, involve an inventive step, & are capable of industrial
application.
• Patents shall be granted in all fields of technology.
Trademark
• Defines what types of signs must be eligible for protection as trademarks.
• Service marks protected the same way.
Copyright
• Protection of computer programs as literary works & of compilations of data.
• The agreement says performers must also have the right to prevent unauthorized
recording, reproduction and broadcast of live performances (bootlegging) for no
less than 50 years.

27. TRIPS:Standards for IIP
Industrial Designs
• Protection should be conferred on designs which are new or original.
• Exclusive rights can be exercised against acts for commercial purposes,
including importation.
• The minimum term of protection is 10 years
Trade Secrets
• Undisclosed commercial information is to be protected against unfair
commercial practices
• Secret data submitted for the approval of new chemical entities
for pharmaceutical & agrochemical products should be protected against
unfair commercial use & disclosure by governments.
Geographical Indication
• The TRIPS Agreement says countries have to prevent this misuse of place
names.

28. Provision on basic principles
• National treatment
”each Member shall accord to the nationals of other Members
treatment no less favourable than it accords to its own nationals with
regard to the protection of intellectual property” (Art. 3)
• Most-Favoured-Nation Treatment
”With regard to the protection of intellectual property, any advantage,
favour, privilege or immunity granted by a Member to the nationals of
any other country shall be accorded immidiately and unconditionally to
the nationals of all other Members” (Art. 4)

29. IMPLEMENTATION & IMPACT
• Transition period
 Developing countries (2005)
 Least developed countries to implement TRIPS was extended to
2013, and until 1 January 2016 for pharmaceutical patents.
• Impact of TRIPs on Pharmaceutical industry in developed and
developing countries
• Relaxation
 Doha Declaration(2001)- circumvents patent rights for access to
essential medicines through compulsory licenses.

30. Diff b/w TRIPS and Indian Patent Act

31. THE TRIMS
AGREEMENT

32. TRIMS
• Agreement on Trade Related Investment Measures (Uruguay round )
• TRIMs are rules that apply to the domestic regulations a country applies
to foreign investors
• Restrictions:
1. Include local content requirements
2. Manufacturing requirements
3. Trade balancing requirements
4. Domestic sales requirements
5. Technology transfer requirements
6. Export performance requirements
7. Local equity restrictions
8. Foreign exchange restrictions
9. Remittance restrictions
10. Licensing requirements
11. Employment restrictions

33. Legal Framework
• The TRIMs agreement does not provide any new language
• It focusses on two Articles that were identified in a previous case
under the GATT
– Article III (National Treatment)
• National treatment of imported product, unless specified in
other agreements
• Subjects the purchase or use by an enterprise of imported
products to less favorable conditions than the purchase or use of
domestic products
– Article XI (Quantitative Restrictions)
• Prohibition of quantitative restrictions on imports and exports
• Part of the general trend in textiles and agriculture to phase out
the use of quantitative restrictions

34. Aims of the Agreement
• Desiring
 to promote the expansion and progressive liberalisaiton of
world trade and to facilitate investment, while ensuring
competition
• Take into account
 trade, development and financial needs of developing
countries, particularly least developed countries
• Recognising
 certain investment measures can cause trade-restrictive and
distorting effects

35. India’s notified TRIMs
• TRIMs Agreement India had notified three trade related
investment measures as inconsistent with the provisions of the
Agreement:
1. Local content (mixing) requirements in the production of News
Print,
2. Local content requirement in the production of Rifampicin and
Penicillin – G, and
3. Dividend balancing requirement in the case of investment in 22
categories consumer goods.

36. Transition periods
• Members are obliged to eliminate TRIMs which have been
notified. Such elimination is to take place within
– two years for developed countries
– five years for developing countries
– seven years for LDC

37. Implementation Difficulties
• Difficulties in identifying alternative policies to achieve the
same objective
• Difficulties in accounting for non-contingent outcomes such as
the financial crisis in Asia and Latin America
• Difficulties in meeting the transition period deadlines
• LDCs lack the capacity to identify measures that are
inconsistent with the TRIMs agreement and hence are unable
to meet the notification deadline.

38. Thank you