What does the TRIPS Agreement say about trade secrets or undisclosed information?

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Undisclosed information, or trade secrets have been provided protection by the TRIPS agreement for the first time in public international law. This explicitly requires undisclosed information- trade secrets or know-how – to benefit from protection. The protection is applied to information that is secret, has commercial value because it is secret, and has been subject… Read more »

What are the future issues under consideration relating to TRIPS?

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Some of the issues that are under debate relating to TRIPS are – • The effectiveness of the 2003 “waiver” in the 2001 Doha Declaration on TRIPS and Public Health. The waiver in Doha Declaration removes a requirement that generics produced under compulsory license should be mainly for the domestic market. This would hinder their… Read more »

What are TRIPS plus provisions?

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IPRs are territorial rights and can be acquired in the territory of the country having an IPR law. That is, IPR acquired in one country cannot be enforced in another country. The TRIPS Agreement lays down only certain minimum standards of protection and enforcement of IPRs by its Members through enactment of such national laws… Read more »

What is TRIPS?

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The Agreement on Trade related Aspects of Intellectual Property Rights of the WTO is commonly known as the TRIPS Agreement or simply TRIPS. TRIPS is one of the main agreements comprising the World Trade Organisation (WTO) Agreement. This Agreement was negotiated as part of the eighth round of multilateral trade negotiations in the period 1986-94… Read more »

How many sectors and sub-sectors are covered in the services agreement and what are the services covered and excluded?

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There are broadly 11 sectors and 72 sub- sectors included in the agreement. The sectoral commitments of the agreement covers Business services, Communication Services, Construction And Related Engineering Services, Distribution Services, Educational Services , Environmental Services ,Health Related And Social Services, Tourism And Travel Related Services, Recreational, Cultural And Sporting Services, Transport Services,Other Services (Skills… Read more »

What is the mechanism to overcome disputes that may arise or what is the Dispute Settlement Mechanism?

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Under the Chapter of Dispute Settlement Mechanism, the Parties shall resolve the disputes, if any, through consultations and negotiations, failing which, they may resort to an arbitral tribunal, consisting of three members. Each Party to the dispute shall appoint a member and the third member, who would be the Chair of the panel, shall be… Read more »

What are the provisions of Sanitary and Phyto-sanitary (SPS) Measures and Technical Barriers to Trade (TBT)?

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The provisions in the Chapters on Sanitary and Phyto-sanitary (SPS) Measures provide the framework for addressing regulations and standards pertaining to human, animal and plant life or health while the Chapter on TBT provides the framework for product testing and certification requirements. Patent – A patent in an exclusive right granted by a country to… Read more »

Which products are included in India’s Exclusion List?

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Key items in India’s Exclusion list are – Vegetables – Tomato, onion, garlic, ginger, carrot, radish, cauliflower, cucumber, peas, beans, chilli, capsicum, potato, etc. Fruit/Nuts – coconut, copra, cashew kernel, areca nut, betel nut, banana, pineapple, guava, mango, oranges, grapes, raisin, apple, lemon, watermelon, papaya, cherries, etc. Spices – chilli powder, nutmeg, vanilla, cardamom, fenugreek,… Read more »