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Note on TRIPS



Various inventions and creativities of the intellectual world today are really important. While these creativities and ideas become famous and successful, the creator attaches great importance to their promotion and preservation. The protection required for the secrets and layouts of the integrated circuits is critical. In order to guarantee genuineness to the inventor’s customers, trademarks and other intellectual property rights must also be secured.In the world trade arena, the amount of products and undertakings that include licensed innovation has dramatically increased, and when the safeguarded innovation given to countries is insufficient, the international trade security is under severe threat.

Nonetheless, although frameworks exist in developing countries for the safety of licenced innovation, there are many nations where the level of safety is inadequate, for example, where the level of security is limited, where work can be protected is mandatory, or where a need for licensed innovation can be insufficiently viable. Indeed, there were a few countries with systems that provided much protection for new and successful technologies, including among emerging countries.

History of TRIPS

The IP system is a tool for public policy which, by stimulating creative activity and technological innovation, strives generally to advance economic, social and cultural advancement. Copyright and related rights, in particular, are intended to promote and recompense creative effort. This gives writers and designers an opportunity to make a profit from their work. In addition to an invitation to authors, copyright effectively creates economic foundations for culture and consumption until the privileges are approved or assigned by publishers and manufacturers.

Therefore, there is increasing recognition that a system has to be built to ensure adequate protection for current developments in order to enhance global trade security. There have been several worldwide security treaties on new and genuine innovations, in the sphere of licenced innovation, for example, the Paris Convention with the latest ownership rights, including licences& trademarks, and the Berne Convention on Copyright.In all cases it was viewed as a dire enterprise to reach a global GATT agreement with as many countries as might be expected to participate in the situation concerning trade guidelines for the insurance of protected innovation, with more emphasis being placed on trade-related areas of secure innovations. Discussions on the trade aspects of the rights of intellectual property (TRIPS) in the Uruguay Round of GATT, which began in 1986, have now become one of the key areas of discussion.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) concluded in April 1994, along with other agreements to be finalized in the Uruguay Round, and became effective on 1 January 1995 as part of the WTO Agreement.

TRIPS agreement organization and process

The World Trade Organization (WTO) is the legal and administrative framework for international relations between its 157 members at the multilateral level of management and growth. Its objective is to create equal and secure foreign trade arrangements to stimulate trade and investment and to enhance the global standard of life. It was the successor of a multilateral agreement, the former GATT 1947. The trade agreement of the year has ended. The GATT auspices have been accompanied by ‘trade rounds’ to further liberalize trade with a view to greater tariff decreases and improved rules.

It marked the 8th round of trade discussions and the most thorough stage. The negotiations began in 1986 and ended in 1994. The main effect of the Uruguay Round was a further large reduction in the global customs charges, the liberalised trade in textiles and agriculture and the enhanced legislation. The trade system was also enlarged to include new areas of unparalleled trade interactions, like services trade and intellectual property.This is reflected in the increasing economic value and the increasing proportion of the two international trade areas. In addition, the outcome includes the development of a stronger, integrated dispute resolution system for the World Trade Organization accords (WTO).

The TRIPs Agreement covers to a significant extent protection of intellectual property in trade-related regions, and it is viewed as a broad new framework for protection of standards of intellectual property. In addition, the TRIPs Agreement has the added value of being the first legal agreement with a series of specific clauses addressing all areas of intellectual property. As an international commercial problem, the GATT discussed the defence of the rights of intellectual property at the Tokyo Round in 1978. In the Tokyo Round, worldwide norms for the strengthening of counterfeit products strategies were discussed and coordinated.The World Organization for Intellectual Property (WIPO), a UN specialist organization, also discussed intercontinental security for IPP. However, a variety of problems have been identified within the WIPO context, including the fact that the Treaty is impossible to implement and that only corrective measures may be proposed by the General Assembly of the WIPO; furthermore, the ratification of treaties is centered on an agreement by all Members and whether the Member States accede to the Treaty is left solely to them.

The United States has therefore presented as trade-related problems developing countries, IP protection systems and management, in an attempt to solve these matters, urging “trade-related aspects of intellectual property, including trade in counterfeit goods” (TRIPS) to be treated as a bargain Thus it was decided to initiate GSP negotiations at the GATT ministerial meeting held in Punta del Este in Uruguay in September 1986. The debate persisted and the decision to create negotiating proposals and negotiating committees in 15 sectors was made in January 1987.The Uruguay Round Agreement has been accepted in the form of one, overarching undertaking when it was stated why, although the lively discussion between the rich and developing countries, all participating countries agreed on the ADPIC talks. Although the TRIPS Agreement itself, which was the conclusion of the TRIPS talks, was disadvantageous for developing nations, it produced results that benefitted developing countries in other areas such as agriculture and textiles.


Finally, there are still various contenders, as well as loopholes of the Treaty, that the Developing Country mentioned, apart from the relevance of the TRIPS agreement. The TRIPS Agreement is regarded the most comprehensive system for protecting intellectual property law, apart from such tensions. It complements and demonstrates the ancient IPR conventions, the most important of which were drafted at the end of the 19th century. Certainly these agreements have been constantly amended, often in Paris, in an effort to gradually and incrementally promote almost uniform international regulation of intellectual and copyright.

However, the agreement on TRIPS constitutes a major conceptual leap contrasted with the results of those revision exercises, which radically changes both the sense in which IPRs are internally understood, but also their sense of practise and the way disputes are implemented and resolved. IP has therefore made a major leap forward with the Globalization Agreement and TRIPS. This is all the more striking as the political economies of IP in recent decades have shifted from the periphery of global policy research to a significantly more central place. In 2007 the IP question was no longer seen simply by attorneys and policy experts as a technical concern of importance.

Contributed by:– Nidhi Jha, Legal intern at LLL

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