”;

K. C. LAW COLLEGE
AFFILIATED TO MUMBAI UNIVERSITY

(PUBLIC INTERNATIONAL LAW)

THE SILENT FEATURES OF TRIPS

ASSIGNMENT OF T. Y. LL. B SEMESTER- V (SEPTEMBER- 2024)

Name: Kamalkishor G. Kotai

Roll No. (178) Div: (C)

S. Y. LL. B – Semester -IV

K. C Law College, University of Mumbai
 Assignment (Topics)

Public International Law

TRIPS : silent features

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Introduction
TRIPS (Trade-Related Aspects of Intellectual Property Rights) is an international legal
agreement between all the member nations of the World Trade Organization (WTO).
It sets down minimum standards for the regulation of different forms of intellectual
property by national governments.
TRIPS Agreement was enacted on January 1, 1995, is a cornerstone of an IP-based
international legal framework, serving as a comprehensive multilateral treaty among
all WTO member nations. The WTO members consist of 164 distinct nations, in
addition to 24 observer governments.

Background of the TRIPS Agreement:

Before the establishment of the TRIPS Agreement, there was no comprehensive
international framework governing intellectual property rights. Different countries
had varying levels of protection and enforcement. This led to disparities and
potential trade disputes. The TRIPS Agreement was negotiated during the Uruguay
Round of multilateral trade negotiations. It came into effect on January 1, 1995, as
part of the establishment of the WTO.

Aim and Objectives of TRIPS

In the realm of international trade, the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) establishes minimum standards for intellectual
property regulation and creates a standardized global framework. The following are the
key goals and objectives of TRIPS:
• Promote technological innovation: Encouraging the development of new
technologies and ideas by granting inventors exclusive rights and protections.
• Facilitate technology transfer and distribution: Promoting the cross-border sharing
of technological knowledge and advancements to foster global economic growth.
• Balance rights and obligations: Ensuring a fair equilibrium between the interests of
creators and users of intellectual property, supporting fair competition and access to
knowledge.
• Advance and protect IP rights: Supporting the transfer and dissemination of
technology while fostering technological innovation.
• Uphold intellectual property rights: Ensuring that all member countries maintain fair
and equitable international trade in intellectual property.
• Establish foundational guidelines: Setting basic standards for the protection of
intellectual property, including trade secrets, patents, and trademarks, applicable to
all member nations.
• Set minimum enforcement standards: Establishing minimum requirements for civil
and criminal procedures and remedies to ensure the enforcement of intellectual
property rights.
• Support developing nations: Allowing developing countries to adopt policies that
promote access to medicines and other essential goods and services, providing them
with the flexibility needed to address their unique needs and economic development
levels.

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 • Encourage global cooperation: Promoting international collaboration on intellectual
property issues and offering technical assistance and training to developing nations
for implementing and enforcing intellectual property laws.
• Ensure access to innovation: Preventing intellectual property rights from hindering
the dissemination of innovations crucial for social and economic development or the
transfer of technology to developing countries.
• Safeguard public interests: Ensuring that intellectual property rights do not obstruct
governments' ability to protect the environment, public health, or other public
interests.
• Promote efficient use of IP rights: Encouraging the effective and responsible use of
intellectual property rights to drive innovation and economic growth while
considering the public interest.

Salient Features of the TRIPS Agreement:

• General Provisions and Basic Principles (Articles 1 to 8): This section outlines
the fundamental requirements for the availability, scope, and application of
intellectual property rights.
• Standards for IPRs (Articles 9 to 40): This part sets the minimum standards for
the protection of intellectual property, detailing the subject matter, duration,
and scope of rights.
• Enforcement of IPRs (Articles 41 to 61): Focuses on the enforcement
mechanisms for intellectual property rights, including criminal and civil
procedures, border measures, and provisional measures.
• Procedures for Obtaining and Maintaining IPRs (Article 62): Covers the
procedures required for the acquisition and maintenance of intellectual
property rights.
• Prevention and Resolution of Disputes (Articles 63 to 64): Addresses the
prevention and resolution of conflicts arising from the provisions of the
agreement.
• Transitional Arrangements (Articles 65 to 67): Deals with the transitional
periods and arrangements for implementing the provisions of the agreement.
• Institutional Arrangements (Articles 68 to 73): Discusses various institutional
arrangements related to the administration and operation of the agreement.

Key Features of the TRIPS Agreement:

• Standards: TRIPS sets minimum standards for intellectual property protection
across all member countries, defining the subject matter, duration of rights, and
scope of protection.
• Incorporation of Paris and Berne Conventions: The integration of commitments
from the Paris Convention and Berne Convention has led to TRIPS being referred
to as the "Berne and Paris-plus" agreement, ensuring a harmonized approach to
IP protection across member states.
• Enforcement: The agreement emphasizes the need for effective enforcement
mechanisms for domestic intellectual property rights, outlining procedures for
criminal and civil cases, border measures, and temporary injunctions.

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 • Dispute Settlement: Disputes between WTO members regarding TRIPS
obligations are resolved through the WTO's established dispute settlement
procedures, providing a neutral, internationally recognized framework for
addressing complex IP issues and ensuring fair and equal resolutions.

Understanding TRIPS or TRIPS Agreements

• The TRIPS Agreement, established by the World Trade Organization (WTO), is a

major international treaty that sets minimum standards for the protection and
enforcement of intellectual property rights.
• Its primary goal is to create a consistent framework for safeguarding the rights of
intellectual property owners and to ensure that all member countries provide
adequate protection for intellectual property.
• The agreement is overseen by the Council for TRIPS, which is open to all WTO
members and reports to the WTO General Council.
• The TRIPS Agreement covers a wide range of intellectual property issues, including
patents, copyright and related rights, trademarks, geographical indications,
industrial designs, layout designs for integrated circuits, and undisclosed information
(trade secrets).
• While TRIPS sets minimum standards, member countries are free to offer greater
protection for intellectual property if they wish.
• The agreement outlines the minimum requirements for intellectual property
protection and enforcement, including legal and administrative procedures,
provisional measures, financial penalties, and border controls.
• Additionally, TRIPS allows member nations to exclude certain biological processes
used in food or medicine production, as well as plants and animals, from
patentability.
• The agreement includes provisions for enforcing intellectual property rights,
protecting geographical indications, and safeguarding confidential information
(trade secrets).
• It also provides guidelines for ensuring compliance with the agreement and the
proper enforcement of intellectual property rights, along with a dispute resolution
mechanism to help member countries resolve disagreements related to TRIPS.
• TRIPS is a vital component of the global intellectual property protection system,
offering a uniform approach to enforcement and ensuring that all member nations
provide sufficient protection for intellectual property rights.

Understanding Intellectual Property Right

• Exclusive legal rights known as intellectual property rights (IPR) are given to the
person who creates a creative work or invention. These rights give the author the
ability to prevent unauthorized use, duplication, or distribution of their work.
• IPRs aim to give creators an incentive to produce new works and inventions, thereby
promoting economic development. They are protected by national laws and
international treaties. Copyright, patents, trademarks, and industrial designs are a
few IPR examples.
• The purpose of copyright law is to safeguard the originality of one's choice and
arrangement of words, musical notes, colours, and geometrical shapes. It gives the

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 author sole ownership of their creation, giving them control over how it is used and
distributed.
• Another IPR that gives an invention an exclusive right is a patent. By exercising this
right, the inventor is able to stop others from creating, utilising, or commercialising
their invention without their consent.
• In order to protect the reputation of the company's products, trademarks are used to
separate the goods of one company from those of another. Industrial designs
safeguard a product's outward appearance, including its form, pattern, and
ornamentation.
• IPRs are crucial for promoting innovation, creativity, and investment in cutting-edge
technologies and goods. They ensure that consumers have access to the best
products available by helping to protect them from knockoffs and counterfeits.

Categories of Rights under TRIPS

Rights under TRIPS (Trade-Related Aspects of Intellectual Property Rights) can be
categorized as below:

Trademarks
• Trademark-related rights are protected under the TRIPS Agreement. Any "sign or any
combination of signs, capable of differentiating the goods of one enterprise from
those of another enterprise" is referred to as a trademark in the Agreement.
• The Agreement allows for the registration of well-known trademarks in order to
safeguard them against infringement and stipulates that trademark protection must
last at least seven years.
• The Agreement also specifies guidelines for trademark usage, forbids the use of
imitation trademarks, and outlines procedures for the civil and criminal enforcement
of trademark rights.
• The TRIPS Agreement offers a thorough set of guidelines to safeguard trademarks
and guarantee their proper use.

Copyright
• Copyright rights are protected under the TRIPS Agreement. The exclusive right to
reproduce, publish, adapt, and distribute a creative work is referred to as copyright
under the Agreement.
• The Agreement lays out minimum requirements for protection, such as the right to
restrict the unpermitted distribution, adaptation, and reproduction of a work.
• Additionally, it establishes guidelines for the use of copyrighted works and forbids
their unauthorised use. The Agreement also allows for civil and criminal proceedings
to be used to enforce copyright rights.
• The TRIPS Agreement offers an extensive set of guidelines to safeguard copyright and
guarantee its proper usage.

Geographical Indications
• Geographical indications (GIs) are labels placed on products to indicate that they
come from a particular region, have certain characteristics, or have a particular
reputation related to that region.

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 • The TRIPS Agreement establishes minimum requirements for the protection of
geographical indications (GIs), including the right to control their unauthorised use
and the right to prevent their use in ways that deceive consumers about the true
origin of a product.
• The Agreement also specifies guidelines for GI registration and GI rights
enforcement. Overall, the TRIPS Agreement offers a complete set of guidelines to
safeguard GIs and guarantee their appropriate use.

Patents
• A type of intellectual property right known as a patent grants its owner sole control
over how an invention is used.
• The TRIPS Agreement outlines minimum requirements for patent protection, such as
the right to restrict the unauthorised production, use, or sale of a patented
invention.
• The Agreement also specifies procedures for submitting patent applications,
registering patents, and enforcing patent rights.
• The Agreement also allows for the exclusion of certain inventions from patent
protection, including those that are connected to plants and animals and those that
violate morality or public order.
• Overall, the TRIPS Agreement offers a complete set of guidelines to safeguard
patents and guarantee their appropriate use.

Trade Secrets
• Under the TRIPS Agreement, trade secrets fall under a significant category of rights.
These proprietary techniques and information, including formulas, designs,
marketing plans, and client lists, give the owner a competitive edge.
• The same protections that apply to other intellectual property rights also apply to
trade secrets against unauthorised use by third parties.
• Trade secrets must be kept confidential for an indefinite period of time in accordance
with the TRIPS Agreement, and those who do so without permission risk being held
responsible for any resulting harm.
• The Agreement also stipulates that trade secrets must be kept confidential and not
disclosed in court proceedings unless doing so would serve the public interest or
would be required for the protection of public health.

Integrated Circuits
• Under the TRIPS Agreement, integrated circuits (ICs) are a significant category of
rights. These are intricate electronic circuits that are created on a single silicon or
other semiconductor chip and are frequently used in consumer electronics like
computers and smartphones.
• As with other intellectual property rights, integrated circuits are protected under
TRIPS from unauthorised use by third parties. This covers safeguards against the
manufacture, sale, import, or use of integrated circuits without authorization as well
as safeguards against unauthorised reverse engineering and other circuit analyses.
• Additionally, TRIPS mandates that ICs be safeguarded for at least 20 years.

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Industrial designs
• A significant class of rights under the TRIPS Agreement are industrial designs.
• These are the decorative elements that give a product its distinctive appearances,
such as shape, pattern, or ornamentation. Industrial designs are required to be
protected by the TRIPS Agreement for a minimum of fifteen years, and it is forbidden
to use a protected design without permission.
• The Agreement also stipulates that industrial designs must be shielded from
disclosure in legal proceedings unless doing so would be in the public's best interest
or would be required for the protection of public health.
• The Agreement also specifies the number of prerequisites that must be met in order
for industrial designs to qualify for protection. The terms "novelty," "originality," and
"non-obviousness" are among them.
• certainty, access to medicines, protection of traditional knowledge, and international
cooperation.

Conclusion:
The Trade Related Intellectual Property Rights (TRIPS) agreement is an important
step forward for the protection of intellectual property throughout the world when it
was contracted into effect by GATT in 1994. The TRIPs provisions should assist as the
foundation for the creation of domestic intellectual property legislation in member
nations, as this is a suggestion of the TRIPs agreement. The agreement's long-
standing legacy lies in its evident efforts to mesh the interests of creators and users
with IP, for the sustainable growth of a world that is conducive to sharing knowledge
and economic prosperity.

References:
• https://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm
• https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm
• https://www.e-ir.info/2013/12/23/the-arguments-for-and-against-the-trips-
agreement/
• https://www.wto.org/english/tratop_e/trips_e/tripfq_e.htm
• https://www.studysmarter.co.uk/explanations/law/international-and-humanitarian-
law/trips/
• https://www.legalserviceindia.com/legal/article-11908-role-of-the-trips-agreement-
and-its-scope-in-india.html
• https://www.abounaja.com/blogs/trips-agreement-of-1995

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