Why TRIPS plus provisions are important in FTAs and what are the consequences of this inclusion?

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Privy Counci

By entering into FTAs with the developed countries, developing countries see some advantages in tariff reductions on agricultural, clothing and other products. In return, developed countries seek better market access and investment opportunities for products and services of their interest. In addition, developed countries also seek to raise the minimum levels of protection for IPRs… 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 the link between TRIPS, WTO and WIPO?

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Intellectual Property Rights (IPRs) at a multilateral level have their genesis in the Paris Convention for the Protection of Industrial Property in 1883 which protected industrial property i.e. Patents and trademarks and the Berne Convention for the Protection of Literary and Artistic Works in 1886 for copyrights and related rights. World Intellectual Property Organization (WIPO) which… Read more »

Which IPRs are covered under TRIPS?

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The IPRs covered by the TRIPS Agreement are: Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations) Trademarks, including service marks Geographical indications including appellations of origin Industrial designs Patents including the protection of new varieties of plants Layout-designs (topographies) of integrated circuits Undisclosed information, including trade secrets… Read more »

Why was TRIPS included in WTO?

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The precursor to the WTO was the General Agreement on Tariffs and Trade (GATT) which sought to address issues related to international trade in goods. The operation of the GATT over the years resulted in lowering of tariffs in general in international trade. As a result, increasingly, other domestic policies of nations came into focus… 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 »

Have the end dates for duty elimination or duty reduction in the ASEAN Agreement been advanced or fast tracked in the IMCECA?

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Yes, the end dates for ASEAN has been advanced in IMCECA by tariff elimination/reduction under Normal Track-1, Normal Track-II and Sensitive Track have been advanced/fast tracked by 3 to 6 months. For example the end dates for tariff elimination under Normal Track-1 have been advanced from 31 December, 2013 to 30 September, 2013 while those for… Read more »

What does the India- Malaysia Agreement on Trade in Goods offer?

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The CECA is an addition to the existing India ASEAN Agreement on Trade in Goods. Under the CECA, India has offered ASEAN-plus tariff concessions to Malaysia on 76 items and thereby given access to products such as fruits, cocoa, and synthetic textiles etc. Malaysia has also offered similar tariff concessions to India on 140 items,… Read more »