Trips

TRIPS AGREEMENT: – AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

Introduction:

The TRIPS agreement is the outcome of discussions in the Uruguay Round of the General Agreement On Tariff and Trade – GATT, administered by the World Trade Organisation – WTO, which sets minimum standards for multiple forms of IPR applicable to nationals of all WTO members.

TRIPS agreement was instrumental in initiating intellectual property law into the global mercantile regime. TRIPS remains the most wide-ranging and complete legal instrument on IPR to date. Another round of discussion in Doha further clarified the reach and scope of TRIPS, especially in the light of developing countries who had to undertake transition in their national law to meet the requisites of the TRIPS agreement.

Aspects of the TRIPS Agreement:

  • Copyrights
  • Geographical indications
  • Appellations of origin
  • Industrial designs
  • Integrated circuit layouts
  • Patents
  • Plant varieties
  • Trademarks, Trade dress, and Trade secrets

Protection and Enforcement of all these Intellectual Property Rights shall focus on contributing to the promotion of technological innovation and technology transfers that mutually benefit and advance social and economic welfare.

Scope of TRIPS regarding IPR:

  • Defines the types of signs eligible for protection
  • Provides for the protection of service marks
  • Establishes the minimum rights of trademark owners
  • Confers additional protection for marks that are well known in a particular country
  • Defines the standards concerning the availability, scope, and use of intellectual property rights
  • Specifies enforcement procedures

The most practical advantage of TRIPS is that it is versatile enough for member countries to integrate its features along with their existing national law on IPR.

Objectives of TRIPS concerning Trademarks:

  • Signs capable of distinguishing goods and services of one entity from another shall be trademarks.
  • Signs include words, personal names, letters, numerals, figurative elements, and color combinations.
  • Acquired distinctiveness through continuous usage makes a sign eligible for registration.
  • Signs must be visually perceptible.
  • Registration applications shall not be refused solely for non-use within 3 years.
  • Mandatory publication of each trademark prior to or after registration.
  • Proposed marks shall not violate morality, public policy, or national laws.

Rights conferred on the trademark owner:

  • Identical or similar marks shall be prevented from use in trade.
  • Existing unregistered marks in use shall be considered before registering new trademarks.
  • Famous trademarks shall receive protection.
  • Registered marks must begin usage within 3 years or risk cancellation.
  • Compulsory licensing of trademarks is not permitted.
  • Prevention of unfair competition among member countries.

Objectives of TRIPS concerning Geographical Indications:

  • Prevent registration of similar or identical geographical indications.
  • Prevent unfair competition.
  • Prohibit misleading use of GI in trademarks for goods not originating from the designated region.

Conclusion:

  • Provide effective means for enforcing trade-related intellectual property rights.
  • Recognize the need for a multilateral framework dealing with counterfeit goods.
  • Reduce tensions by strengthening commitments to resolve disputes through multilateral procedures.