What is TRIPs? How does it address the business of Intellectual Property at the global arena?
TRIPS is the General Agreement on Tariff and Trade(GATT) Uruguay Round Agreement on Trade Related Intellectual Property. The WTO’s TRIPS Agreement is an attempt to narrow the gaps in the way these rights are protected around the world, and to bring them under common international rules. It deals with the protection & enforcement of Trade-Related intellectual property rights. It establishes minimum levels of protection that each government has to give to the intellectual property of fellow WTO members. TRIPS agreement was made Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote
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* Patents shall be given in all fields of technology. * Members can exclude from patentability diagnostic, therapeutic, & surgical methods of treatment for humans or animals, as well as plants & animals & biological process for the production thereof. * Plant varieties shall be protected by patents. * Exclusive rights conferred in the case of product and process patents are defined, subject in the case of imports. * Inventions shall be disclosed in a manner which is sufficiently clear & complete for a skilled person in the art to carry out the invention. * Limited exceptions to the exclusive rights can be defined by national laws (TRIPS Art. 30) * Conditions for granting other uses without authorization of the patent-holder (compulsory licenses) are set forth – Members can determine the grounds to allow such uses. * Revocation/forfeiture of a patent is subject to judicial review. * The term of protection shall be at least 20 years from the date of application. * Protected by article 27,28, 29, 30.
For Copyrights * Protection of works covered by the Berne Convention excludes moral rights to the expression. * Protection of computer programs as literary works & of compilations of data. * Recognition of rental rights, at least for phonograms, computer programs and for cinematographic works. * Exceptions to exclusive rights must be limited to special cases which do not conflict with