TRIPS Agreement And Its Impact On Indian Intellectual Property Laws


Book Description

The necessity was to amend the law also arose as India became original member of W.T.O. in 1995 and it was necessary to bring Indian law in conformity with TRIPS. It acceded to the Paris Convention with effect from 8 Dec,1998. There has been a need for Indian IP Laws to be in line with advancements in global thinking on the subject and to use the IP regime to its advantage. It encouraged debate over issues such as- the concepts behind TRIPS versus its impact on Indian Intellectual Property Laws, How globally recognized IP norms are applied in India? Need to discuss that how many Amendments that India did in its IP Law system due to Impact of TRIPS and their time of enforcement. In this book 'TRIPS AGREEMENT AND ITS IMPACT ON INDIAN INTELLECTUAL PROPERTY LAWS' author has explained it. The book relies on the historical facts of TRIPS and the debates in India regarding to IP system of India and also includes the Case Law developments for IP Laws system in India. This book is an invaluable aid for Lawyers, Judges, Academics, Researchers and Professionals and others to understand IP Laws of India under the regime of TRIPS.




The Making of the TRIPS Agreement


Book Description

A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.




Intellectual Property Rights (IPRs)


Book Description

The Agreement establishing the World Trade Organization contains, inter alia, an Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement, which came into effect on January 1, 1995, is the most comprehensive multilateral agreement on intellectual property. It covers the following areas of intellectual property: (a) copyright and related rights (i.e. the rights of performers, producers of sound recordings, and broadcasting organizations); (b) trademarks including service marks; (c) geographical indications, including appellations of origin; (d) industrial designs; (e) patents, including the protection of new varieties of plants; (f) layout-designs of integrated circuits; (g) undisclosed information, including trade secrets and test data; and (h) control of anti-competitive practices in contractual licenses. In India, the importance of intellectual property rights has increased in recent years, in the wake of rapid advancements and proliferation of technology. This book examines the various aspects of the TRIPS Agreement and the corresponding Indian laws for its implementation.




Trade Related Aspects of Intellectual Property Rights


Book Description

The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.




Intellectual Property and International Trade: The TRIPS Agreement


Book Description

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.




Innovation, Economic Development, and Intellectual Property in India and China


Book Description

This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors.




The TRIPS Agreement, Sustainable Development and the Public Interest


Book Description

This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.




WTO


Book Description

This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.




TRIPS Compliance, National Patent Regimes and Innovation


Book Description

With respect to intellectual property regimes, a significant change in international governance rules is mandated by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This topical volume deals with the processes th




A Handbook on the WTO TRIPS Agreement


Book Description

This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.