ES व्यापार से संबंधित बौद्धिक संपदा समझौता

 

Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement – Pointwise Explanation

The TRIPS Agreement is an international legal agreement between all the member nations of the World Trade Organization (WTO). It sets minimum standards for the regulation of intellectual property (IP) in global trade. It was negotiated during the Uruguay Round (1986-1994) and came into effect on January 1, 1995.

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1. Objectives of TRIPS

• To harmonize IP laws globally and reduce disparities in IP protection.
• To promote innovation, transfer of technology, and fair competition.
• To ensure IP does not hinder trade and facilitates global economic development.

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2. Coverage of TRIPS

TRIPS covers seven key areas of Intellectual Property Rights (IPR):

1. Copyrights and Related Rights

   • Protects literary, artistic, and scientific works (books, music, films, etc.).
   • Ensures protection of computer programs and databases.

2. Trademarks

   • Protects distinctive signs used in trade to differentiate products and services.
   • Includes service marks and collective marks.

3. Geographical Indications (GIs)

   • Protects names/marks that identify a product’s origin (e.g., Darjeeling Tea, Champagne).

4. Industrial Designs

   • Protects the aesthetic or ornamental aspect of an article.

5. Patents

   • Grants inventors exclusive rights over their inventions for at least 20 years.
   • Includes pharmaceutical and biotechnological patents.

6. Layout Designs of Integrated Circuits

   • Protects semiconductor chip designs (circuit designs).

7. Undisclosed Information (Trade Secrets)

   • Protects business confidential information, preventing unauthorized disclosure.

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3. Key Principles of TRIPS

1. National Treatment – Member countries must provide the same IP protection to foreign entities as they do to their own citizens.
2. Most-Favored-Nation (MFN) Treatment – Any advantage given to one WTO member must be extended to all other members.
3. Balance Between IP Protection and Public Interest – Encourages access to medicines, technology transfer, and socio-economic development.

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4. Enforcement Mechanisms

• Civil and administrative procedures for enforcing IP rights.
• Border measures to prevent counterfeit goods.
• Criminal procedures against piracy and trademark counterfeiting.

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5. Flexibilities in TRIPS

TRIPS allows developing and least-developed countries to adopt certain flexibilities to balance IP protection with public health and development. Key flexibilities include:

1. Compulsory Licensing – Allows governments to permit the production of patented products (e.g., medicines) without the patent holder's consent in public interest.
2. Parallel Importation – Allows importing genuine IP-protected goods from other countries at lower prices.
3. Transition Periods – Developing and least-developed countries get extended time to implement TRIPS provisions.

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6. Impact of TRIPS

• Strengthened IP Protection globally.
• Encouraged innovation and investment in R&D.
• Facilitated technology transfer but also raised concerns over accessibility of essential medicines and knowledge.

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7. TRIPS and Public Health (Doha Declaration, 2001)

• Recognized public health concerns regarding medicines.
• Reaffirmed member nations’ right to use TRIPS flexibilities to ensure affordable drugs (e.g., HIV/AIDS, COVID-19 vaccines).
• Allowed least-developed countries to delay implementing pharmaceutical patent rules.

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8. TRIPS and Developing Countries

• Many developing countries argue that TRIPS favors developed nations.
• Concerns over higher costs of medicines and restricted access to technology.
• Ongoing discussions on reforming TRIPS to balance innovation with equitable access.

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9. TRIPS and WTO Dispute Settlement Mechanism

• Countries can file complaints at the WTO Dispute Settlement Body (DSB) for violations.
• Examples: Disputes over pharmaceutical patents and compulsory licensing.

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10. Amendments and Future Outlook

• TRIPS Waiver for COVID-19 Vaccines (2021) – Debate over temporarily suspending IP rights for vaccines to increase global access.
• Ongoing discussions on reforming patent laws, especially for global challenges like health and climate change.

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Conclusion

The TRIPS Agreement plays a crucial role in global trade and innovation. However, balancing IP rights with public welfare remains a key challenge, particularly for developing nations seeking fair access to technology, medicines, and innovation.