The document discusses several international agreements related to intellectual property rights: - The World Trade Organization (WTO) established in 1995 replaced the General Agreement on Tariffs and Trade (GATT) and deals with international trade rules between nations. - The TRIPS agreement administered by the WTO sets minimum standards for intellectual property regulation that member states must follow. - Other agreements discussed include the Paris Convention protecting industrial property, the Berne Convention protecting artistic and literary works, the Budapest Treaty governing biological deposits, and the Madrid Protocol facilitating international trademark registration. - The document also covers intellectual property rights relating to plant breeders' rights and biodiversity under agreements like the Convention on Biological Diversity.

1. INTELLECTUAL PROPERTY RIGHT
Topic:
International Agreements
Presented by: Soumyata Pathak

2. content
 World trade organization (WTO)
 TRIPS Agreement (Trade Related aspects of Intellectual property rights)
 GATT (General Agreements on Trade and Tariffs)
 Paris Convention
 Berne Convention
 Budapest Treaty
 Madrid protocol
 IPR and plant breeders right
 IPR and Biodiversity

3. World Trade Organization (WTO)
 It was established in 1995 by replacing GENERAL AGREEMENT ON TRADE AND
TARIFFS (GATT).
 WTO was created by Uruguay Round Negotiation .
 It is now the only global international organization dealing with rules of trade
between nations.
 Currently it has 164 member countries representing 98% of the World Trade.
 GOALS :-
 To help producers of goods and services , exporters and importers conduct their
business
 Monitoring of national trade policies
 Handling trade disputes

4. General Agreements on Tariffs
and Trade (GATT)
 GATT was established in 1947 at Geneva, became
effective on January, 1948
 It constitute 23 member countries.
 GATT aimed to promote global trade after World War (II)
with set of multilateral trade agreements aimed at
abolition of quotas and reduction of tariff rules among the
contracting nations.
 Now WTO has replaced GATT in 1995 .

5. Trade Related Intellectual Property Rights
(TRIPS)
 It is an international agreement administered by WTO (effective on 1 Jan 1995)
 It sets down minimum standards for many forms of intellectual Property regulation as
applied to nationals of other WTO members.
 Features of the agreements are:-
 Standard : In respect of each intellectual property covered under TRIPs , puts the minimum
standards of protection to be provided by each member states and they have to follow the
obligations of convention operating under WIPO and puts certain additional obligation when
agreement is silent.
 Enforcements : Each member state has to lay down domestic procedures and remedies for
enforcements of IPRs . It contains additional provisions on civil and administrate procedures and
remedies, provisional measures and special requirements related to border measures and
criminal procedures and must be available to right holder so that he can enforce their rights
effectively.
 Dispute Settlements : The agreement makes disputes between WTO members about the respect
of the TRIPs obligations subject to the WTO’s dispute settlement procedures.
 National Treatments : It simply means that treating foreigners and locals equally in a trade or
any other matter by the state . It means each contracting state must grant the same protection
to the national of other contracting state that it grants to its own nationals.

6. PARIS CONVENTION
 It was adopted in 1883.
 It applies to industrial property products (Trademarks, Industrial Designs,
Geographical Indications, Utility Models, Service Marks, Trade name, Repressions
of unfair competitions).
 Member states are called as contracting states and these states constitute a union
for protection of industrial property.
 Provisions of this convention can be divided into three categories :-
 National Treatment- each contracting state must grant same protection to national of other
contracting state.
 Right of priority- regular first application filed in one of the contracting states, the
applicant may within 6 months for industrial designs can apply for protection in any other
contracting state.
 Common rules- Indication of source that measures must be taken by each contracting state
against direct or indirect use of false indication of the source of goods or identity of their
produce.

7. BUDAPEST TREATY
 International recognition of deposit of microorganisms for purposes of patent procedures.
 Treaty was concluded in 1977 and amended in 1980.
 International depository authority are made for the deposition of microorganisms.
 These depository authority are capable of storing biological materials and set minimum
standards and guidelines for deposit of biological materials.
 In Oct 2018, there were 47 authorities assigned under this treaty – united kingdom
(7),Korea(4),China(3),Italy(3),USA(3),India(2)
 2 National Deposition Authority in India one of them is National Center for Cell Sciences
(PUNE), the other is Institute of Microbial Technology (CHANDIGARH)
 ADVANTAGES OF THIS TREATY:-
 Single deposit multiple reference – Only one international depository authority is required
where applicant can deposit microorganisms and can refer to that deposit whenever he fills a
patent application .
 Uniformity- it create uniformity in system of deposits and recognize samples of
microorganisms.
 Contracting states can rely on the treaty’s uniform standards to assure effective deposit and
public availability.

8. Berne Convention
 It was adopted in 1886 amended on 1979
 It deals with the protection of artistic, literary and scientific works.
 It protect works and rights of author, musician, artist.
 This convention is based on 3 basic principles :-
 The work originating in one contracting state must be given same protection in other
contracting states.
 Protection must not be compliance with any formality.
 Protection is independent of the existence of protection in the country of origin of work.
 This convention provide following rights to the author:-
 Right to translate
 Right to make adaptations and arrangements of the works
 Right to present their work publicly
 Right to broadcast their work
 Right to use it as audiovisual work

9. Madrid Protocol
 It was concluded in 1989
 This was introduced for the international registration of marks.
 It provide a convenient solution for registering and managing
trademarks worldwide.
 Filing of single application and paying one set of fees to apply for
protection in upto 120 countries is required for registration of mark.

10. WIPO and TRIPs
 WIPO (World Intellectual Property Organization)
 It was established in 1967.
 It is a global forum for intellectual property services, policy, information and
cooperation.
 It constitute 191 member states .
 Its establishment leads to development of balanced international intellectual
property system.
 WIPO & TRIPs desired to establish a mutually supportive relationship between
them and with view to establish appropriate arrangement for cooperation
between them.

11. IPR and Plant Breeders Rights
 India was the first country to pass the legislation in regard with the plant
breeders right.
 This right was introduced in India in 2001.
 It is the form of right that is specifically designed to protect the new
plant variety.
 It provides a right over commercial production and marketing of the
reproductive or vegetative propagated plant materials of the protected
variety.
 Rights are assigned to the breeder of new plant variety which gives
breeder a control over it.
 The right helps in raising agricultural sector, food product and hence
developing economy.

12. IPR and Biodiversity
 CONVENTION ON BIOLOGICAL DIVERSITY (CBD)
 The CBD functions in :-
 Conservation of biodiversity
 Sustainable use of its components
 Fair and equitable sharing of benefits arising from utilization of genetic resources.
 CBD covers the IPR for conservation and sustainable use of biodiversity.
 NATIONAL BIODIVERSITY AUTHORITY (NBA)
 It was formed in 2003 , to implement provisions under Biological Diversity Act (2002).
 Under section 6 of Biological Diversity Act ‘any person who seeks to apply for patent
,anywhere ,within or outside India, for any invention based on any research or information
on a biological resource obtained from India has to apply and obtain a prior approval of
national biodiversity authority, before applying for Patent’.
 If the person applies for patent then permission of NBA may be obtained after the
acceptance of patent but before the sealing of the patent by patent authority concerned.
 NBA imposes benefit sharing fees/royalty and also imposes conditions including sharing of
financial benefits arising out of commercial utilization of such rights

13. REFERENCES
 www.USPTO.gov.in
 www.wipo.int
 www.nbaindia.org
 Intellectual property rights (concept and cases) –Arun Kumar Maurya
 www.wto.org

14. THANK YOU