The document discusses the TRIPS agreement and its impact on Indian agribusiness. It provides background on TRIPS, describing it as an agreement that sets minimum standards for intellectual property protection. It then discusses several types of intellectual property rights (IPRs) relevant to agribusiness like patents, trademarks, copyrights, geographical indications, and trade secrets. It notes problems Indian farmers face due to TRIPS, like seed sterilization patents reducing farmer rights and corporate control weakening small farmers. In conclusion, it states that adequate IPR protection under TRIPS can promote innovation and technology transfer.
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
Impact of TRIPS on Indian Agri-Business
1. PRESENTATION
ON
“IPR AND IMPACT OF TRIPS AGRIMENT ON INDIAN AGRI-
BUSINESS”
COURSE TITLE:- IPRs and its Management in Agriculture
COURSE NUMBER:-
SUBMITTED TO: SUBMITTED BY:
Dr. J.K. GUPTA SIR M.sc. Previous students
Dept. of Agri. Economics Dept. of Agri. Economics
2. TRIPS
TRIPS is one of the main agreements comprising
the World Trade Organization (WTO) Agreement.
This Agreement was negotiated as part of the
eighth round of multilateral trade negotiations in
the period 1986-94.
The Uruguay Round introduced intellectual
property rights into the multilateral trading system.
The TRIPS Agreement, as it is more popularly
known, addresses a wide range of Intellectual
Property Rights.
3. As IPR includes Copy rights, Patents, GIs,
Trade secret, Trade marks etc.
To meet international obligations under the
TRIPS, various existing domestic IPR laws
have been amended from time to time.
Under the transitional arrangements, a
grace period was allowed to developing
country members to make their laws.
4. THE THREE MAIN FEATURES OF THE AGREEMENT
Standards- Agreement sets out the minimum
standards of protection to be provided by each
Member.
Enforcement :The Agreement lays down certain
general principles applicable to all IPR
enforcement procedures.
Dispute settlement : The Agreement makes
settlement procedures of disputes between WTO
members about the respect of the TRIPS
obligation subject to the WTO’s dispute.
5. INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights or IPRs are rights
given to people over the creations of their minds.
IPRs are statutory rights enacted by the
lawmaking authority in a country.
Conventionally, many forms of IPRs are
recognized. They are traditionally classified into
two main categories.
Copyright and related rights;
Industrial property rights;
6. The impact of TRIPS on Indian Agribusiness
As IPR includes Copy rights, Patents, Geographical indications,
Trade secret, Trade marks etc. These IPRs influence the Indian
agri-business to a great extent.
Patent
Patents provide property rights to inventions.
An 'invention' may be defined as a novel idea which permits in
practice the solution of a specific problem in a field of technology.
TRIPS Agreement stipulates that countries shall grant patents for
inventions in all fields of technology and for both:
• Products, and
• Processes, including those used in manufacturing products.
7. Trademarks
A trademark is a sign or mark that is used to distinguish the goods
or services of one enterprise from those of another enterprise.
It can be any distinctive word, letter, numeral, drawing, picture,
shape, colour, sound, smell, logotypes, or any combination of these
that may be used for distinguishing goods and services, of any
given business.
Copyrights
Copyright is a right given by law to the creators of literary,
dramatic, musical and artistic works and the producers of
cinematographic films and sound recordings on their creations and
productions.
It is one of the intellectual property rights designed to encourage
creativity.
Copyrights are intended to safeguard, protect and reward the rights
of creators of artistic works in their respective creations.
8. Design
Design is another intellectual property right and
refers to external features of shape, configuration,
or composition of lines or colours applied to any
article, whether in two or three dimensional (or
both) forms.
Geographical Indications
A geographical indication is a sign used on
goods that have a specific geographical origin and
possess qualities or a reputation that are due to
that place of origin.
9. Plant Varieties and Farmers Rights Act, 2001
such protection will facilitate the growth of the seed
industry in the country which will ensure the
availability of high quality seeds and planting
material to the farmers.
The law attempts to incorporate the interests of
various stakeholders, including private sector
breeders, public sector institutions, non-
governmental organizations and farmers, within the
property rights framework.
Under the Trade Related Intellectual Property Rights
System (TRIPS), developing countries can choose
to provide patents or develop a sui generis system
to protect innovations in agriculture.
10. Trade secret
A trade secret is an IPR that is with the holder
indefinitely or rather as long as he can keep
his secret as a trade secret. To enable an
enterprise to keep something as a trade
secret, the holder must ensure secrecy
agreements with the employees in the
business. These can be built into the service
contract agreements.
11. PROBLEMS FACING BY INDIAN FAMERS DUE TO TRIPS
The genetic seed sterilization patents maximise seed
industry profits by destroying the rights of farmers to save
their seeds and breed their own crops.
With its focus on commercial crops, bulk procurement
and retail chains, such corporatisation can only weaken
the small farmer even more. Already in Punjab, corporate
interests such as Monsanto, Reliance and others are
making a beeline for agri-retail trade. With gradual
withdrawal of the Government from procurement, more
and more of retail trade for agriculture is going pass into
these hands.
12. Conclusion
IPR is an outcome of TRIPS agreement of
WTO.
IPR protection is adequate and effective
(world wide), the TRIPs accord can promote
innovations, transfer of technology, foreign
direct investment, use of genetic resources
and environmental protection.