TRIPS.docx - A to Z of TRIPS: An Agreement on Trade Related...

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A to Z of TRIPS: An Agreement on Trade Related Aspects of IntellectualProperty Rights-Kartik Tyagi*AbstractThe Agreement of Trade Related Aspects of Intellectual Property Rights (TRIPS) in1994 was the most crucial turning point in the history of Intellectual Property Rights. Itwas negotiated in order to reduce distortions and impediments to international tradelaw and to provide adequate protective measures. Part I of the Agreement sets out thebasic principles to protect intellectual property. As a part of WTO Agreement, theimplementation of the TRIPS patent regime was the primary requirement in order toenable participation in multilateral trading system. The researcher has given an indepth view of the factors responsible for and outcomes of the TRIPS Agreement.Emergence of the TRIPS AgreementThe Agreement on Trade related Aspects of Intellectual Property Rights (hereinafterreferred to as TRIPS), together with the 1967 Stockholm Conference that adopted the revisedBerne and the Paris Convention which created the World Intellectual Property Organization(WIPO) can be termed as the most significant milestone in the development of intellectualproperty rights in this century. It not only widened the scope of industrial property but also madeprovision to cover up for failed treaties. Thus, its scope was much vast than any of the erstwhileinternational agreement. The real worth of the TRIPS agreement was due to its success inenshrining very detailed rules on the issue of enforcement.For an understanding of the progression of the TRIPS, it is necessary that we should tracethe history of intellectual property rights and the vital role played by GATT in enhancing itsprotection. As already discussed the initiative for establishing ITO was launched in 1946 by adecision of the UN Council for Economic and Social Affairs (ECOSOC).**Student of 4rthyear, B.A., LL. B (H), Amity Law School, Noida.
A committee comprised of representatives from18 countries were asked to draft the ITOcharter for the purpose of promoting the expansion of trade and protection exchange andconsumption of goods.1Ultimately a couple of conferences lead to the signing of a treaty onOctober 30, 1947 adopting GATT at Geneva. Failure to adopt ITO charter led to the restructuringof the GATT and its Secretariat from 1948 till the establishing of the World Trade Organization(WTO) on January 1, 1995.The GATT was applied on a provisional basis as a covenantamongst a number of governments. Thus, it was applied to government not citizens and was notself-executing. The interim committee of ITO was the employer of the GATT secretariat staff.GATT allows contracting parties to adopt or enforce measures which are necessary tosecure compliance with laws or regulations which are not consistent with the provision of thisagreement including those relating to the protection of patents, trademarks, copyright etc.2TheProvisions were invoked in two disputes brought before GATT panels. Apart from this, WIPO

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Term
Winter
Professor
PRASHANT
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