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What is Intellectual property rights in trade related aspects of intellectual property rights?

What is Intellectual property rights in trade related aspects of intellectual property rights?

Minimum level of intellectual property rights which must be provided by all member states

– Reduction of distortion and impediments to international trade

– Effective and adequate protection of IPRs

– Ensure that measures and procedures of enforcing IPRs do not themselves become barriers to legitimate trade

– Promotion of technological innovation

– Transfer and dissemination of technology ƒ

TRIPS enacted despite dissatisfaction of India and other developing countries ƒ

TRIPS part of a larger package of economic agreements which were beneficial to India ƒ

India still in the wake of the Neem Tree incident

Patents ƒ

Article 27 – Patents for products and processes ƒ

Exceptions to unlimited patent rights

– Public order and morality

– Plants and animals and essential biological processes

– Limited exceptions to exclusive rights (compulsory licensing) ƒ India’s compliance with TRIPS

– Patent Amendment Act 2002:

Compulsory licensing

– Patent Amendment Act 2005: Mailbox applications to Product patents Geographical Indications ƒ

Article 22 of TRIPS – “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. ƒ

Geographical Indications Act 2003 – E.g. Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree, Alphanso Mango, Nagpur Organge, Kolhapuri Chappal, Bikaneri Bhujia, Agra Petha

 


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