Trips a Critical Reveiw

Topics: Patent, Agreement on Trade-Related Aspects of Intellectual Property Rights, Intellectual property law Pages: 29 (9967 words) Published: April 7, 2011
TRIPS AGREEMETNT – A CRITICAL REVIEW AND IMPACT ON INDIAN PHARMACEUTICAL INDSUTRY

Project assignment (Module IV)
P.G.Diploma in Patent Law
Submitted by
V.L.Saikumar
Id No. plh241_10, 2010-2011

NALSAR Proximate Education
NALSAR University of law, Hyderabad.

CONTENTS

1. Introduction 3
2.1 Preamble of trips 3 2. Methodology 4 3. Overview
4.2 Back ground and history: 5
4.3 The requirement of TRIPS: 5
4.4 Provision under TRIPS: 6
4.5 Access to essential medicines 8
4.6 Implementiaon in developing countries: 9
4.7 world scenario and trips: 10
4.8 Controversy 10
4. .Doha declaration 12 5. TRIPS – Indian patent law 15
6. flexibility in the trips agreement: 16
7. Protection of undisclosed information    20 8. Control of anti-competitive practices in contractual licenses 21 9. enforcement procedure under trips: 21
10. Dispute Prevention and Settlement 23
11. future scenario of the Indian pharmaceutical industry 25 12. steps initiated by the government of India 26
13. Conclusion 27
14. Abbreviation 28
15. References 29
Introduction:
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.[1] It was negotiated at the end of the Uruguay Round of the General (GATT) in 1994. Specifically, TRIPS contains requirements that nations' laws must meet for copyright rights, including the rights of performers, producers of sound recordings and broadcasting organizations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of varieties; trademark; and undisclosed or confidential information.TRIPS also specify enforcement procedures, remedies, and dispute resolution procedures. Protection and enforcement of all intellectual property rights shall meet the objectives to contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all." Preamble of TRIPS

  Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade: Recognizing, to this end, the need for new rules and disciplines concerning: (a) -------------------------------------------------

The applicability of the basic principles of GATT 1994 and of relevant international intellectual property agreements or conventions; 1. See TRIPS Art....

References: 1. 1. Parikshit Bansal, IPR Hand book for Pharma students and Researchers 154 -160(pharma med press, Hyderabad, 2008)
2. . en.wikipedia.org/.../Agreement on Trade-Related Aspects of Intellectual Property Rights 
3. www.wto.org
4. Trips and pharmaceutical industry: issues and prospects (www.bii.in)
5. www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm
6. www.wto.org/english/tratop_e/trips_e/intel2_e.htm
7. www.who.int/medicines/areas/policy/wto_trips/.../index.htm
8. commerce.nic.in/pressrelease/pressrelease_detail.asp?
9.
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