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TRIPS Agreement: Meaning and Scope

The Trade Related Aspects of Intellectual Property Rights (TRIPS) play an important part in the facilitation of trade in knowledge and innovation. Besides, it also assists to resolve trade disputes related to intellectual property, and in ensuring WTO members the flexibility to accomplish their domestic policy goals. It sets the system of intellectual property within the framework of innovation, the transfer of technology, and the benefit of the general public. The Agreement is a legal acknowledgment of the significance of the links between intellectual property and trade, as well as the requirement of a well-balanced intellectual property system. Additionally, the Agreement recognises the necessity of a well-balanced intellectual property system.

TRIPS Meaning

The T rade- R elated Aspects of I ntellectual P roperty Rights (or TRIPS) is an international legal agreement created by all the member nations of the World Trade Organization. TRIPS agreement supplies set of provisions dealing with domestic processes and remedies for the enforcement of intellectual property rights," and "The TRIPs agreement delivers collection of provisions."

The WTO system uses the TRIPs agreement to create minimum standards in the form of a single set of laws for the goal of preserving intellectual property all across the globe. These regulations are intended to be consistent with one another.

Member states are obliged to create applicable national laws in order to execute the requirements of the TRIPs.

TRIPs govern intellectual property rights in eight distinct areas, including patents, copy rights, and geographical indications.

Brief History of TRIPS Agreement

When countries signed TRIPs, it means they are willing to change their Patent Act, Copy Right Act, Trade Mark Act, and other similar legislation to make them consistent with the principles of TRIPs.

To comply with the TRIPs standards, the Indian government made substantial amendments to the Patent Act in 2005, which had been in effect since 1970. Even though the Copyright Act was updated in 2010, it wasn't enforced until 2012. There are a number of other laws that have been passed that deal with industrial designs.

The reasoning for the WTO's move to standardise IP protection across the globe.

The World Trade Organization (WTO) supports IPR regimes that fall under its supervision since intellectual property is an asset linked to business. Due to the vast differences in intellectual property laws throughout the world, it claims, a coordinated international effort is necessary.

Objective of TRIPS

These are −

One of the most contentious international intellectual property agreements that has been put into effect is the Agreement on Trade-Related Aspects of Intellectual Property Rights.

This agreement set the minimum standards for the protection and enforcement of intellectual property rights for WTO members, and it continues to be one of the most controversial international intellectual property agreements.

The fact that this Agreement adopts a highly problematic approach that assumes one size fits all does not detract from the fact that it contains a variety of protections and flexibilities designed to promote economic development and protect the public interest.

Particularly, Articles 7 and 8 spell out a number of explicit and significant aims and principles that have the potential to play crucial roles in both the interpretation and execution of the Agreement. This piece, which was first presented at the Santa Fe Conference in 2009, starts out by discussing where Articles 7 and 8 of the TRIPs Agreement came from and how they evolved through time.

After that, it analyses the normative meaning of these rules while stressing the interpretations given by WTO panels and the Appellate Body, in addition to discussing the consequences of the two Doha statements.

In its conclusion, five distinct applications that might be made of Articles 7 and 8 to promote a more flexible interpretation and execution of the TRIPs Agreement −

As a guiding light for interpretation and implementation.

As a shield against aggressive demands for increased intellectual property protection.

As a sword to challenge provisions that overprotect intellectual property rights or endure their abuse.

As a bridge to link the TRIPS regime with other international regimes pertaining to intellectual property or comparable international regimes.

As a germ for the growth of future international standards on intellectual property.

As a compass for interpretation and execution.

As a barrier against aggressive demands for enhanced intellectual property protection.

The Significance of TRIP Agreement

It includes −

The Trade Related Intellectual Property Rights (TRIPS) agreement was a significant step forward for the protection of intellectual property throughout the world when it was signed into effect by GATT in 1994.

The TRIPs provisions should serve as the foundation for the creation of domestic intellectual property legislation in member nations, as this is an implication of the TRIPs agreement.

TRIPs acts as the IPR regime for the WTO. In terms of international trade agreements, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Accord is generally considered the Uruguay Round's crowning achievement. The industrialised countries were successful in linking trade with protection of intellectual property during negotiations. There had previously been just the World Intellectual Property Organization (WIPO) at the international level that addressed intellectual property matters.The WTO established itself as the worldwide entity responsible for the protection and promotion of intellectual property as a result of the TRIPS agreement.

Guidance that has been provided by TRIPs Agreement

According to the requirements of TRIPs, the member nations are expected to develop the relevant legal framework in order to define out the extent and levels of protection for rights pertaining to intellectual property.

To put it another way, all of the nations that are members of TRIPs are required to incorporate its rules into their national laws governing intellectual property, such as their Patent Act and Copyright Act.

The WTO has been advocating for the required changes to be made to national IPR laws so that they can accommodate the principles of TRIPs. The TRIPs agreement is an effort to bring different national laws into compliance with international standards.

One of the most essential aspects of TRIPs is that it is more explicit and tough on 'patents,' the most important type of intellectual property. This is an important element. Members have the option of adopting a sui-generis (own devised) intellectual property rights (IPR) system for matters pertaining to plant rights, geographical indications, and other such matters.

The World Trade Organization (WTO) grants the following areas of intellectual property: copyright and related rights; trademarks; protection of undisclosed information (trade secrets); geographical indications; industrial designs; integrated circuits; patents; and control of anti-competitive practises in contractual licences.

The Trade Related Intellectual Property Rights (TRIPS) agreement is a significant step forward for the protection of intellectual property throughout the world when it was signed into effect by GATT in 1994. The TRIPs provisions should serve as the foundation for the creation of domestic intellectual property legislation in member nations, as this is an implication of the TRIPs agreement. This agreement set the minimum standards for the protection and enforcement of intellectual property rights for WTO members, and it continues to be one of the most controversial international intellectual property agreements.

Q1. Which countries are part of TRIPS agreement?

Ans. TRIPs is an international legal agreement between all the member nations of the World Trade Organization (WTO).

Q2. Does TRIPs consist of provisions of well-known trademark?

Ans. The TRIPS Agreement contains certain provisions on well-known marks, which supplement the protection required by the Paris Convention.

Q3. What is TRIPS Council?

Ans. The TRIPS Council is also a forum that countries can use to consult each other on problems they may have with each other to do with the TRIPS Agreement.

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WTO and India

What is trips agreement.

From UPSC perspective, the following things are important :

Prelims level: Geographical Indication, WTO, TRIPS

Mains level: India and WTO

India runs the risk of being excluded from a proposal it co-authored at the World Trade Organization (WTO) negotiations, in 2020, to “temporarily waive” intellectual property rights (IPR) held, by primarily Western countries, on vaccines, therapeutics, and diagnostics for COVID-19.

What is the case?

• India and China are two major global suppliers of medicine.
• A small group of WTO members was discussing suggestions to exclude drug manufacturers in India and China from prospective waivers to IPR obligations.
• IPR obligations are a result of the Trade-Related Intellectual Property Rights (TRIPS) which WTO members are committed to upholding.

What is the Agreement on TRIPS?

• The Agreement on TRIPS is an international legal agreement between all the member nations of the World Trade Organization (WTO).
• It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations.
• TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.
• It introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date.

Key provisions

• TRIPS requires member states to provide strong protection for intellectual property rights.
• It seeks to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers, and broadcasting organizations.
• It provides for geographical indications (GI); industrial designs; integrated circuit layout designs; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information.
• It also specifies enforcement procedures, remedies, and dispute resolution procedures.
• TRIPS also has a most favored nation (MFN) clause.
• The obligations of the main international agreements of the World Intellectual Property Organization (WIPO) that already existed before the WTO was created:
• Paris Convention for the Protection of Industrial Property (patents, industrial designs, etc)
• Berne Convention for the Protection of Literary and Artistic Works (copyright).
• Some areas are not covered by these agreements. In some cases, the standards of protection prescribed were thought inadequate.
• So the TRIPS Agreement adds significantly to existing international standards.

What else is covered under TRIPS Agreement?

• Copyright terms must extend at least 50 years unless based on the life of the author.
• Computer programs must be regarded as “literary works” under copyright law and receive the same terms of protection.
• Patents must be granted for “inventions” in all fields of technology and must be enforceable for at least 20 years.

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Towards The TRIPS Agreement

By Arunima Singh , Amity University

Editor’s Note: The TRIPS Agreement aimed not only at protection of the Intellectual Property rights but their due enforcement as well. The Agreement, thus, sets out minimum standards to be established and also provides for the administrative and civil mechanisms for enforcement. These minimum standards for the enforcement of IPR allow right holders to protect their legitimate interests through civil courts or administrative proceedings. However, considering the innovations in technological fields, increased patent filing, new symbols being created everyday and works requiring copyrights, IPR enforcement needs to be strengthened further.

Why IP Protection?

IP rights are exclusive rights given to the creator of an innovation for a fixed period of time during which reproduction of the said work without the permission of the innovator or owner attracts liability.

IP rights are given by the society through the State to its subjects as incentive to disseminate and produce such ideas that benefit the society as a whole. [i] These rights are not like Fundamental Rights guaranteed in the Constitution but Statutory rights enacted by the law making authority of the country.

What is The Background Of The TRIPS Agreement?

Bretton Woods was the first agreement to be reached upon in 1944 by various countries to govern the International Monetary policy. It created two institutions (also known as Bretton Woods Institutions) namely International Bank for Reconstruction and Development (IBRD) in 1945 and International Monetary Fund (IMF) in 1946. Subsequently the General Agreement on Tariffs and Trades (GATT) was established in 1947 to harmonize world trade.

Until the establishment of World Trade Organisation (WTO) in 1995, GATT was the only multilateral instrument governing world trade since 1948. [ii] A total of eight rounds of negotiations were held under GATT out of which first five rounds concentrated exclusively on tariffs while the sixth round included discussions on anti-dumping measures as well which included provisions for member nations to control the dumping of goods by other nations into their territory which can affect the member nation’s economy. The last GATT round was the Uruguay Round (1986-1994). It was this round when for the first time discussions were held on trade related to agriculture, services and IPR. After long discussions and complex negotiations, finally in 1994, WTO was established in 1994 and became effective from 1st January 1995. All the 123 nations that participated in the Uruguay Round became the members of WTO including India. At present there are 153 members of WTO i.e. almost 90% of World’s nations. WTO is responsible for the negotiation and implementation of new trade agreements. It is also in charge of ensuring strict adherence to the trade agreements signed by majority of the world’s trading nations.

One of the most important agreements of WTO is the TRIPS Agreement. This Agreement came into force on 1 st January, 1995. The TRIPS Agreement (forthwith referred to as ‘the Agreement’) is an International agreement administered by WTO and it sets down the minimum standard for many forms of intellectual property regulations. The Agreement is till date the most comprehensive agreement of a multilateral nature on IP. Following areas of Intellectual Property are covered under the Agreement:

• Copyrights and Related rights (like the rights of performers, producers of sound recordings and broadcasting organizations)
• Trademarks (also service marks)
• Geographical Indications (including appellations of origin)

Industrial Designs

• Patents (including protection of new variety of plants)
• Layout-designs of Integrated Circuits
• Undisclosed Information (Trade secrets and Test data)

The Agreement is a seven-part document containing complex provisions with respect to Intellectual Property rights. Following is a brief description of the structure of the Agreement:

Part I:  The general provisions and the basic principles of National Treatment and Most Favoured Nation are covered under this part. ( Article1 to Article8)

Part II: The standards concerning availability, scope and use of Intellectual Property Rights is covered under this part. (Article9 to Article40)

Part III: This part deals with the enforcement of IPRs. ( Article41 to Article61)

Part IV: This part addresses the provisions for acquiring and maintaining IPR. ( Article62 )

Part V: This part deals with prevention and settlement of disputes arising out of the provisions of the Agreement. (Article63 to Artcile64)

Part VI: Part VI is concerned with transitional agreements. (Article65 to Article67)

Part VII: This part of the Agreement concerns various institutional agreements. (Article68 to Article73)

What Are The Issues Governed By The Agreement?

With respect to the aforementioned intellectual property areas, the Agreement governs issues like application of international IP agreements and basic principles of the trading system, adequate protection to IPRs, adequate enforcement of IPR by member nations in their territories, settlement of disputes on IP between the members of WTO, special transitional arrangements during the period when the new system is being introduced. The Agreement is the first agreement under WTO which requires member nations to establish relatively detailed norms within their respective legal frameworks, as well as to establish such measures of enforcement and such procedures which meet the minimum standards. The three important features of this agreement are:

• Standards – In respect of each of the IP areas covered by the Agreement, all member nations are obliged to provide a minimum set of standards for the protection of IPRs. Each area of IP is covered such that it clearly describes the main elements of protection i.e. the subject matter which seeks protection, rights which are to be conferred and permissible exceptions to such rights and also the minimum duration of protection.
• Enforcement – Each member nation is obliged to provide domestic procedures and remedies with respect to protection of IPR. Further, the agreement lays down certain other provisions so that right holders can effectively enforce their rights. These provisions relate to civil and administrative procedures and remedies and detailed specifications as to special requirements related to border measures and criminal procedures.
• Dispute Settlement – All the disputes arising between members of WTO with respect to the obligations arising out of the TRIPS Agreement are subject to WTO’s dispute settlement procedures. [iii]

General Provisions And Basic Principles

Article 1 of the agreement provides for the member nations to implement the provisions of the agreement in such way as member nations deem appropriate, that is to say, the standards of provisions of this agreement are a ‘minimum’ which is to be maintained at the ground level and the nations can further invoke an extensive protection domestically. An IPR acquired in one country cannot be enforced in another country. The minimum standard maintenance and basic enforcement standards enshrined in the TRIPS Agreement make it flexible for member nations to one, enforce the aforementioned basic standards; two, implement higher levels of protection domestically thus leaving the Members to have ‘TRIPS plus ’ laws and regulations. These higher standards are now making appearance on the world trade timeline as Free Trade Agreements (FTA) entered into between trading partner nations. However, since these agreements establish standards much higher than those of the TRIPS Agreement, they may take away the flexibilities which exist in the Agreement. Articles 3 and 4 constitute the fundamental principles of the agreement.

            Article 3 deals with National Treatment commitment. It reads as following:

“1.       Each Member shall accord to the nationals of other Members treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property, subject to the exceptions already provided in, respectively, the Paris Convention (1967), the Berne Convention (1971), the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits. In respect of performers, producers of phonograms and broadcasting organizations, this obligation only applies in respect of the rights provided under this Agreement. Any Member availing itself of the possibilities provided in Article 6 of the Berne Convention (1971) or paragraph 1(b) of Article 16 of the Rome Convention shall make a notification as foreseen in those provisions to the Council for TRIPS.                                                2.       Members may avail themselves of the exceptions permitted under paragraph 1 in relation to judicial and administrative procedures, including the designation of an address for service or the appointment of an agent within the jurisdiction of a Member, only where such exceptions are necessary to secure compliance with laws and regulations which are not inconsistent with the provisions of this Agreement and where such practices are not applied in a manner which would constitute a disguised restriction on trade.”

This article calls for the member nations to accord such treatment to the nationals of other member nations as the former would grant to its own nationals with regard to protection of Intellectual Property Rights. This article also recognises certain exceptions already provided in the Paris Convention (1967), the Berne Convention (1971), the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits.

Article 4 deals with Most Favoured Nation Treatment. It reads as follows:

“ With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Members. Exempted from this obligation are any advantage, favour, privilege or immunity accorded by a Member:

(a) deriving from international agreements on judicial assistance or law enforcement of a general nature and not particularly confined to the protection of intellectual property;

(b) granted in accordance with the provisions of the Berne Convention (1971) or the Rome Convention authorizing that the treatment accorded be a function not of national treatment but of the treatment accorded in another country;

(c) in respect of the rights of performers, producers of phonograms and broadcasting organizations not provided under this Agreement;

(d) deriving from international agreements related to the protection of intellectual property which entered into force prior to the entry into force of the WTO Agreement, provided that such agreements are notified to the Council for TRIPS and do not constitute an arbitrary or unjustifiable discrimination against nationals of other Members.”

According to this article, any advantage, favour, privilege or immunity accorded to the nationals of one member nation by another member nation shall automatically be accorded to all the other member nations except for the exceptions mentioned above from sub-clause (a) to (d).

Elements of Protection and Relating Provisions

Copyrights and related rights.

The protection of copyrights extends to expressions but not to ideas, procedures, methods of operation and mathematical concepts [iv] . Computer Programs, both in source and object codes are protected by virtue of the Berne Convention (1971) and compilation of data in machine readable or other forms constitute intellectual creations by reason of the selection or arrangements of their contents and thus are subject to protection [v] in the Agreement. Rental right that is the right to authorize or to prohibit commercial renting to the public of originals or copies of protected work is provided to authors in respect of computer programs and cinematographic works. However, such right is subject to the exception that if granting rental rights lead to widespread copying of such works further leading to impairment to the exclusivity of the work then member nations can take back such rights [vi] . The term of protection extends up to not less than 50 years as per Article12.

Performers (their performances) and broadcasting organisations have been granted protection such that fixation of unfixed performance and reproduction of such fixation without due authorization attracts liability. Further, performers and broadcasting organisations also have the right to prevent broadcast of their performances and public communication of the same without authorization. Producers of phonograms enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.

Article 15 of the Agreement recognises any sign or combination of signs, personal names, letters, numerals, figurative elements, combinations of colours and combinations of any of the above as eligible for registration as trademarks. However, where signs are not inherently distinguishable, registrability depends on distinctiveness acquired through use. Member nations may require, as a condition of registration, that signs be visually perceptible. For initial registration and each renewal of registration of a trademark a term of protection is no less than seven years. The registration of a trademark is renewable indefinitely.

Also, nature of a trademark does not act as an obstacle to its registration. Article 16 provides that owner of a trademark has the exclusive right to prevent all third parties from using identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered. Compulsory licensing of trademarks is not permitted by the Agreement that is to say the owner of the trademark owns the right to assign the trademark with or without the transfer of the business to which the trademark belongs.

Geographical Indication

As per Article 22, Geographical Indications are those indications which identify a good as originating in territory of a member nation where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Under the provisions of the Agreement, a member nation can prohibit other member nations from the use of any designation or presentation of any goods that indicates or suggests that those goods originate from a geographical area other than the true place of origin in a manner which misleads the public. The term of protection for Geographical Indication is eternal.

Article 27 of the agreement deals with patents, patentability of processes and inventions. The patentable subject matter according to the Agreement constitutes any inventions, whether products or processes, in all fields of technology, provided that they are novel, involve an inventive/innovative step and are capable of industrial application. However, the following have been excluded from the ambit of patentability:

• Diagnostic, therapeutic and surgical methods for the treatment of humans or animals.
• Plants, animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.

Under the provisions of the Agreement the member nations have to provide protection for plant varieties either by patents or by an effective sui generis system or by any combination thereof. The term of protection available is usually 20 years counted from the filing date of the patent application. Under provisions of Article 21 of the Agreement, member nations may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties. Further, Article 29 makes it imperative that the patent application discloses the invention in a manner which is sufficiently clear and complete for the invention to be carried out by a person skilled in the art. The same Article further provides that member nations can call upon applicants to also keep a check on the corresponding foreign applications. Article 31 of the Agreement has provisions that allow grant a compulsory license for pharmaceuticals by the government of a member nation without the consent of the patentee: subject to certain conditions. Compulsory license may be allotted only in the following conditions are fulfilled:

• Firstly, prior negotiations with the patent holder by the person/company applying for the license on reasonable terms. Only if these negotiations fail can a compulsory license be issued.
• Secondly, after the issuing of a compulsory license the owner of the patent has to be paid adequately. The Agreement says “the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization”, however, it does not define “adequate remuneration” or “economic value”. Therefore, compulsory licensing ought to meet certain additional requirements.

As per Article 31, the following provisions have to be respected if a license is granted without the authorization of a patent holder:

• Authorization of such use shall be considered on its individual merits;
• Such authorization shall only be considered if the proposed user has made significant efforts to obtain the authorization from the right holder on reasonable commercial terms. However, this right is subject to waiver by state in case of a national emergency;
• The scope and duration for such license shall extend only up to the time as the purpose of its granting required;
• The use is to be non-exclusive;
• The license shall be non-assignable;
• Any such use shall be authorised predominantly for the supply of the domestic market of the member authorizing such use;
• Such a license shall stand terminated once the circumstances which required adequate protection of the legitimate interests of the license holder cease to exist;
• The right holder shall be granted adequate remuneration;
• The legal issues arising to the license shall be addressed by a distinct higher authority;
• In case, a patent “second patent” cannot be exploited without infringing another patent “first patent” then certain conditions are to be applied given further in the Article.

            Articles 25 and 26 of the Agreement deal with Industrial Designs. Member nations have to provide for the protection of independently created industrial designs that are innovative and original. Designs can be denied protection on the ground that they are not new or original or do not significantly differ from the known design features. The term of protection of Industrial Designs is 10 years from the creation of the industrial design.

Lay-out Designs (Topographies) of Integrated Circuits

The Agreement in Article 36 provides that importing, selling, or distribution (for commercial purposes) of a protected layout-design, an integrated circuit in which a protected layout-design is incorporated, or an article incorporating such a circuit is unlawful. The protection provided in this field of IP is not less than 10 years from the date of filing of application for lay-out designs. However, member nations may limit the duration of protection up to fifteen years from the date of creation of the lay-out design as per Article 37 .

Protection of Undisclosed Information

Undisclosed Information is also called a Trade Secret. The Agreement vide Article 39 obligates member nations to offer protection for trade secrets as per the provision of the Agreement. Undisclosed information is considered as Trade Secret if:

• It is not readily accessible to persons within the circles that normally deal with the kind of information in question;
• It has commercial value because it is secret; and
• The information has been subject to steps for its maintenance as a secret by the person lawfully in control of the information.

RIGHTS AND RESPECTIVE PROTECTION AT A GLANCE

Enforcement of intellectual property rights.

The TRIPS Agreement aimed not only at protection of the Intellectual Property rights but their due enforcement as well. The Agreement, thus, sets out minimum standards to be established and also provides for the administrative and civil mechanisms for enforcement. These minimum standards for the enforcement of IPR allow right holders to protect their legitimate interests through civil court or administrative proceedings.

It is not required for a WTO member nation to establish special or separate courts for IPR, or specially allocate resources, like human resources, special offices for enforcement, etc. for IPR enforcement. Part III of the Agreement on Enforcement of IPR sets out the obligations on member nations to establish administrative and judicial mechanisms through which IPR holders can seek effective protection of their interests. The general obligation of member nations to provide enforcement mechanisms requires that enforcement procedures should be available under their national law so as to permit effective action against any act of infringement of IPR covered by the Agreement, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements.

As per Article 41, member nations are obligated to ensure that enforcement procedures are “fair and equitable”, and “not unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays.” Regarding the civil administrative procedures and remedies, the Agreement provides for equal rights for both the defendant and complaining parties. The rules of the Agreement provide that both parties should have the opportunity to present and contest evidence, and that adequate remedial measures should be available. The Agreement permits member nations to exclude the grant of injunctions in circumstances involving compulsory licenses and other uses.

The Agreement obligates member nations to make provision for the ordering of prompt and effective provisional measures to prevent entry of infringing goods into channels of commerce and preserve evidence against such infringing goods and their traders. This means that the IPR holder should be entitled to seek a prompt action against the infringement, whether or not the party alleged to be acting in an infringing manner can be notified and given opportunity to be heard. With respect to Border Measures, the Agreement requires member nations to allow certain right holders to prevent release by customs authorities of infringing goods into circulation especially, with respect to counterfeit trademarks and pirated copyright goods. The Agreement also provides for certain Criminal Measures (penalties) for trademark counterfeiting and copyright piracy on a commercial scale.

Dispute Settlement and Prevention:Mechanisms

Part V of the agreement deals with dispute settlement and prevention. Article 63 establishes the transparency requirements . Under these requirements there is an obligation on the part of member nations to publish or otherwise make available legal texts such as laws and judicial decisions. The provisions related to dispute settlement and prevention is governed by the TRIPS council . Article 63 establishes an obligation to notify laws and regulations to the TRIPS Council or to World Intellectual Property Organization (WIPO) for the common register, which contains a compilation of laws and regulations, final judicial decisions, etc. pertaining to the Agreement, should that be decided upon.

Member nations are obligated to furnish applicable rules or decisions, or sufficient details about them, at the request of member nations who reasonably believe their rights may be affected. Confidential information is entitled to protection . Each member nation is required to be prepared to supply, in response to a written request from another member nation, the information regarding Law, rulings, Judicial decisions and administrative rulings pertaining to the subject matter of the Agreement (the availability, scope, acquisition, enforcement and prevention of the abuse of IPR).

Article 64 deals with the dispute settlements. The Articles XXII and XXIII of GATT 1994 as described and applied by the Dispute Settlement Understanding (WTO’s procedure for resolving the trade quarrels) also apply to consultations and the settlement of disputes under the Agreement except as otherwise specifically provided. Article XXIII of the GATT 1994 provides for three types of cause of action (a set of facts sufficient to justify a right to sue) in GATT dispute settlement: “violation”, “non-violation” and “situation”.

TRIPS: The Indian Context

India became a signatory of the TRIPS Agreement in the year 1994 but this Agreement entered into force on January 1, 1995 and came across in the world scenario as the most important multilateral agreement on Intellectual Property. By setting out minimum standards of IP rights internationally, the Agreement encourages trade and technology transfer between countries. The Patent Act, 1970 was in contravention with Article 27 of the Agreement [vii] . In order to completely comply with the Agreement, India needed to take necessary measures in the grace period. The Agreement provided a three stage framework for strengthening the IP regime in developing countries like India which did not allow product patents in the areas of pharmaceuticals and agricultural chemicals (patent applications for which are also known as ‘mail-box’ applications) before the Agreement came into force. These stages are described as follows:

• Introduction of Mail-box facility from 1 st January, 1995 for product patents in the field of agrochemicals and pharmaceuticals. These mail-box applications were not examined until 2004. But Exclusive Marketing Rights (EMR) were granted for such applications for which a patent had been granted in at least one member nations and the application was not rejected in that member nation where the said patent was sought for the reason non-patentability of the invention.
• Compliance with other obligations of the Agreement such as, rights of Patentee, term of protection, compulsory licensing, etc. From 1 st January, 2000.
• Full implementation of product patents in al technological domains including mail-box applications e.f. 1 st January, 2005. Also, in the case of Agouron Pharmaceuticals Inc v Controller of Patents, the Hon’ble High Court of Kolkata held that applications filed prior to 1 st January, 2005 were to be considered in accordance with the Patents Act, 2005. As a result, all mail-box applications were to be taken for examination from the abovementioned date.

Thus, the Agreement came into force in India in January, 2005. TRIPS changed the face of IP in the world as many developing countries, including India [viii] , which had weak IPR mechanisms had to extensively revise, amend and create their patent laws, or where there were no IPR regimes (the most important examples being plant variety protection, lay-out designs and geographical indications) had to put in place an entirely new IPR regime. However, implication of the Agreement and the regime so incorporated has its own pros and cons.

The revision of Patent laws brought into existence a stronger patent protection mechanism which is at par with the international standards or the standards set out in the Agreement. The result of this has been positive for India as foreign investors were encouraged to invest in India. It can be expected that the domestic investment might not respond to the stronger patent regime but Foreign Direct Investment (FDI) might. Further, the research and development ( R&D ) expenditures of the domestic players tremendously increased in post Agreement period as compared to the pre-agreement period.

Another positive implication is more technological in nature. The availability of products ought to be better with stronger IPR protection. However, the prices of these better and patented products may not be affordable for majority of the population.

Investments from domestic as well as foreign sector have risen in the field of seeds and agriculture. That is, post the Agreement, stronger protection regimes have encouraged domestic private sector as well as foreign firms to invest in R&D for the development of better seeds. Many Geographical Indications and methods in Traditional Knowledge which are of importance to the domestic industry of India have got protection and have encouraged investment in these sectors, for example: Darjeeling Tea. Also, patent revocation [by U.S. Patent Office (USPTO)] of Curcuma longa Linn (turmeric) and Azadirachta indica A. Juss (neem) after actions from Indian residents in U.S courts have also created a positive atmosphere for creation of protection laws for Traditional Knowledge (TK), a very new form of IP.

When the Indian parliament passed the new patent law in 2005, it not only brought back product patents, but also granted all patents a term of 20 years. Moreover, the new law paved way for the formation of the Intellectual Property Appellate Board , a specialised judiciary to hear the IP cases. [ix]

This transition has been chaotic. Patent litigations have increased three-fold since 1995, and many of these have been highly controversial and long-drawn affairs. Interestingly, it appears that the courts are also grappling with how to balance the pro-innovation and anti-competitive effects of IPR. The court battle of Cipla and Roche is one such instance. In early 2009, the Delhi High Court rejected a temporary injunction against Cipla for manufacturing a copy-cat version of the drug Erlotinib , manufactured by Roche, to treat lung cancer. Roche claimed that rejection of its plea would be against public interest and hurt R&D. Cipla argued that granting an injunction would deprive the needy of an important drug. Although the main reason for rejecting Roche’s plea was its inability to prove that Erlotinib was substantially more efficacious, the judgment received a lot of publicity due to certain observations by Justice Bhatt, who decided this case. Noting that Roche’s original drug was at least three times more expensive than the copy-cat version and was not manufactured in India he opined:

            “… I come to the interesting and novel point as to whether the court ought ever, and in particular, in this case to exercise its discretion to grant an injunction the effect of which will be, temporarily at any rate, to deprive members of the public of the benefit of a ‘life saving drug which may be prescribed’… If the evidence shows it to be the fact there may and well be cases where it would make little, if any, difference to the public, apart from satisfying personal preference, whether a particular drug was no longer available or not, then in such a case it may well be proper to grant an injunction. At the other end of the scale, however, there is the unique life-saving drug where, in my judgment, it is at least very doubtful if the court in its discretion ever ought to grant an injunction…” [x]

Roche vs. Cipla [xi] is just one instance of how IPR’s enforcement has been at odds with the actual intent behind the law. Since 2005, the (average) chances of winning IP litigation have declined to17%, from about 50% before Trips.

The Agreement has increased R&D investments by Indian firms. The amount of R&D activity in India has been on an increase since the Agreement. Stronger IPR regime has spurred Indian companies to invest in R&D and simultaneously encouraged multinational corporations to outsource more R&D work to India.

The Indian policymakers seem unsure about how they should react to IPR. But considering the innovations in technological fields, increased patent filing, new symbols being created everyday and works requiring copyrights, IPR enforcement needs to be strengthened further.  It would help even better if the enforcers follow the spirit of the law unlike in the case of Cipla and Roche. Laws need to be made regarding the protection of Trade Secrets, patent filing and granting procedure needs to be speeded up, lessons for which can be taken from the USPTO. [xii]

Edited by Kanchi Kaushik 

[i] http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm

[ii] http://www2.econ.iastate.edu/classes/econ355/choi/wtoroots.htm

[iii] http://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm

[iv] Article 9(2)

[v] Article 10

[vi] Article11

[vii] http://shodhganga.inflibnet.ac.in/bitstream/10603/21666/9/chapter-vi.pdf

[viii] http://www.ictsd.org/downloads/2010/07/ipsustainable_developmentinformationnote.pdf

[ix] http://forbesindia.com/printcontent/29302

[x] http://www.werksmans.com/legal-briefs-view/patients-rights-the-achilles-heel-of-the-patient-system-an-indian-perspective-for-south-africa/

[xi] 148 (2008) DLT 598

[xii] http://www.uspto.gov/patents/init_events/transcript_031314_uspto.pdf

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Measures of Dispersion | Short Questions | Economics | WBCHSE | Higher Secondary | Class 12

স্থিতিস্থাপকতার ধারণা । ছোট প্রশ্ন | economics | wbchse | higher secondary | class 12, fiscal policy | short questions | economics | wbchse | higher secondary | class 12.

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TRIPs and TRIMs | Short Note

Write short notes on TRIPs and TRIMs.

The full form of TRIPs is – Trade Related Intellectual Property Rights. The invention of something using the brain is called intellectual property. Intellectual property is an expression of creativity. Intellectual property can take many forms. Notable among them are Patent rights. According to this law, the inventor of a new invention can acquire patent rights over that invention. As a result, no one other than the inventor or discoverer can produce or manufacture the product. The patent holder of the product has the sole right to manufacture or sell that product. The term of the patent shall be twenty years from the date of grant of the patent. Any person who manufactures or sells the product must prove that the patentee’s rights have not been infringed. Intellectual property rights apply to both life-saving pharmaceuticals and agriculture.

The full form of TRIMs is – Trade Related Investment Measures. The countries that have signed the Dunkel Accord Agreement are directed to promote domestic industries through reservations and to remove controls and restrictions on foreign products. Investors in this system have the opportunity to invest their capital in any economic activity anywhere in the world. However, if a country has a deficit in the balance of payment, it is exempted from this rule.

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60 Inspirational Short Travel Quotes

By: Author Tim Kroeger

Posted on Published: April 30, 2020  - Last updated: September 15, 2023

Do you have go-to getaway quotes that bring inspiration and motivation to travel and to be free? Here are short travel quotes to add to your collection.

Short travel quotes look good on a frame at your office, as a bumper sticker on your car, or even as a permanent tattoo on your skin.

These travel getaway quotes efficiently tell a story of a life lived outside one’s comfort zone.

It speaks of adventures, misadventures, and lessons learned along the way.

Table of Contents

Short Travel Quotes

Do you have good travel slogans that you live by?

Are there motivational quotes about travel and learning that have proven to be true in your life?

There are many cute short quotes and sayings about traveling, taking a break, and exploring the world that is truly inspirational.

Here are short travel quotes that will make you want to pack your bags and have an awesome adventure.

1. “Life begins at the end of your comfort zone”

– Neale Donald Walsch

2. “The biggest risk in life, is not taking one”

– Barfi

3. “A ship in harbor is safe, but that is not what ships are built for.”

– John A. Shedd

4. “If you’re twenty-two, physically fit, hungry to learn and be better, I urge you to travel – as far and as widely as possible. Sleep on floors if you have to. Find out how other people live and eat and cook, learn from them – where you go.”

– Anthony Bourdain

5. “Jobs fill your pocket, Adventures fill your soul”

– Jaime Lyn Beatty

6. “You don’t have to be rich to travel well. ”

– Eugene Fodor

7. “Once a year, go someplace you’ve never been before.”

– Anonymous

8. “Better to see something once than hear about it a thousand times.”

– Asian Proverb

9. “My favorite thing to do is go where I’ve never been”

– Annonymous

10. “Travel and change of place impart new vigor to the mind.”

– Seneca

11. “I travel not to go anywhere, but to go. I travel for travel’s sake. The great affair is to move.”

– Robert Louis Stevenson

12. “I am not the same, having seen the moon shine on the other side of the world.”

– Mary Anne Radmacher

“14. When was the last time you did something for the first time?

– John C. Maxwell

15. “Every exit is an entry somewhere else.”

– Tom Stoppard

16. “Travel makes one modest. You see what a tiny place you occupy in the world.”

– Gustave Flaubert

17. “Work, travel, save, repeat.”

18. “A hangover suggests a great night, jet lag suggests a great adventure.”

– J.D. Andrews

19. “To Live will be an awfully big adventure”

– Peter Pan

20. “Man cannot discover new oceans unless he has the courage to lose sight of the shore.”

– Andre Gide

21. “Yesterday, I believe I never would have done what I did today”

– David Mitchell, Cloud Atlas

22. “The most beautiful thing in the world is, of course, the world itself”

– Wallace Stevens

23. “If it scares you ,it may be a good thing to try”

– Seth Godin

24. “If you think adventures are dangerous, try routine: It’s lethal.”

– Paulo Coelho.

25. “No place is ever as bad as they tell you it’s going to be.”

– Chuck Thompson

26. “Travel far enough, you meet yourself”

– David Mitchell

27. “To travel is to discover that everyone is wrong about other countries.”

– Aldous Huxley

28. “The life you have led doesn’t need to be the only life you have.”

– Anna Quindlen

29. “Traveling tends to magnify all human emotions.”

– Peter Hoeg

30. “When overseas you learn more about your own country, than you do the place you’re visiting.”

– Clint Borgen

More Inspirational Short Travel Quotes

Short travel phrases and inspirational vacation quotes perfectly encapsulate every explorer’s zest for a life on the road.

These groups of words add depth to every photograph and drama to every story told.

Can’t get enough of short but sweet quotes about life through the eyes of a traveler?

Here are more inspirational short travel quotes perfect for every wanderer out there.

31. “Not all those who wander are lost.”

– J.R.R. Tolkien.

32. “The world is big and I want to get a good look at it before it gets dark.”

– John Muir

33. “The gladdest moment in human life, methinks, is a departure into unknown lands.”

– Sir Richard Burton

34. “To awaken alone in a strange town is one of the pleasantest sensations in the world.”

– Freya Stark

36. “Some people are so poor, all they have is money”

– Patrick Meagher

37. “Doing what you like is freedom, liking what you do is happiness.”

– Frank Tyger.

38. “Life offers you a thousand chances… all you have to do is take one.”

– Frances Mayes, Under the Tuscan Sun

39. “Collect Moments, Not Things.”

– Aarti Khurana

40. “He who would travel happily must travel light.”

– Antoine de St. Exupery

41. “Life is either a daring adventure or nothing at all.”

– Helen Keller

42. “You’ll miss the best things if you keep your eyes shut.”

– Dr. Seuss

43. “I haven’t been everywhere, but it’s on my list.”

– Susan Sontag.

44. “We travel, some of us forever, to seek other places, other lives, other souls.”

– Anais Nin

45. “A journey is best measured in friends, rather than miles.”

– Tim Cahill

46. “The journey not the arrival matters.”

– T.S. Eliot

47. “If you reject the food, ignore the customs, fear the religion and avoid the people, you might better stay at home.”

– James Michener

48. “Remember that happiness is a way of travel – not a destination.”

– Roy M. Goodman

49. “Travel makes a wise man better but a fool worse.”

– Thomas Fuller

50. “It is not down in any map; true places never are.”

– Herman Melville

51. “The more I traveled the more I realized that fear makes strangers of people who should be friends.”

– Shirley MacLaine

52. “Travel far enough, you meet yourself.”

53. “Every man can transform the world from one of monotony and drabness to one of excitement and adventure.”

– Irving Wallace

54. “Life is short and the world is wide, the sooner you start exploring it, the better.”

– Simon Raven

55. “Live your life by a compass, not a clock.”

– Stephen Covey

56. “To travel is to live.”

– Hans Christian Andersen

57. “Take only memories, leave only footprints.”

– Chief Seattle

58. “People don’t take trips, trips take people.”

– John Steinbeck

59. “Stop worrying about the potholes in the road and enjoy the trip.”

– Babs Hoffman

60. “I’m in love with cities I’ve never been to and people I’ve never met.”

– Melody Truong

More Inspirational Quotes

Funny Travel Quotes

Flight & Aviation Quotes

Mountain Quotes

Beach Quotes and Ocean Quotes

Mark Twain Travel Quotes

Adventure Quotes

Inspiring Waterfall Quotes

Romantic Couple Travel Quotes

Anthony Bourdain Travel Quotes

Family Vacation Quotes

• About the Author

Tim Kroeger is a seasoned professional in International Tourism Management, specializing in Luxury Adventure Travel , Luxury Hotel Reviews , and Tourism in Costa Rica .

Expertises: International Tourism Management, Tourism in Costa Rica, International tourism advertising, Adventure travel, Luxury Adventure Travel

Protect your trip: With all our travel experience, we highly recommend you hit the road with travel insurance! SafetyWing offers flexible & reliable Digital Nomads Travel Medical Insurance at just a third of the price of similar competitor plans.

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What is Trade Related Investment Measures (TRIMs)?

• WTO prohibit investment restricting measures that discriminates foreign investment
• The argument of WTO is that such investment restricting steps are violating trade itself (WTO is an institution formed to promote trade).
• Historically countries impose measures that restrict foreign investment (called as investment measures and WTO term this as Trade Related Investment Measures).
• Under TRIMs, the WTO names the list of investment measures that discriminates foreign investment and hence violates the basic WTO principle of National Treatment.
• These measures include – local content requirement, domestic employment, technology transfer requirement etc

What is TRIMs?

           The Agreement on TRIMs of the WTO is based on the belief that there is strong connection between trade and investment.  Restrictive measures on investment are trade distorting. Several restrictive measures on investment are prohibiting trade and hence are not allowable. According to the TRIMs provision, countries should not adopt the investment measures which restrict and distort trade. 

           Investment measures are those steps used traditionally against foreign investment by host countries. Here, the TRIMs instruct that WTO members may not apply any measure that discriminates against foreign investment that violates basic WTO principles (like the MFN).  WTO gives a list of prohibited investment measures or TRIMs like local content requirement, export obligation, technology transfer requirement etc. that violates trade.  Few exemptions to developing countries are also provided under TRIMs. The Committee on TRIMs monitors the operation and implementation of the TRIMs Agreement and offers consultation for member countries.

           The objective of TRIMs is to ensure fair treatment of investment in all member countries.

           As per the TRIMs Agreement, members are required to notify the WTO Council for Trade in Goods of their existing TRIMs that are inconsistent with the agreement.  

TRIMs and Foreign Investment Policy changes in India

           India has made several foreign investment liberalisation measures since the launch of the New Industrial Policy in1991. Regulations for both FDI and FPI were simplified and now foreign investment is allowed in almost all sectors. 

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Essay On Travel

500 words essay on travel.

Travelling is an amazing way to learn a lot of things in life. A lot of people around the world travel every year to many places. Moreover, it is important to travel to humans. Some travel to learn more while some travel to take a break from their life. No matter the reason, travelling opens a big door for us to explore the world beyond our imagination and indulge in many things. Therefore, through this Essay on Travel, we will go through everything that makes travelling great.

Why Do We Travel?

There are a lot of reasons to travel. Some people travel for fun while some do it for education purposes. Similarly, others have business reasons to travel. In order to travel, one must first get an idea of their financial situation and then proceed.

Understanding your own reality helps people make good travel decisions. If people gave enough opportunities to travel, they set out on the journey. People going on educational tours get a first-hand experience of everything they’ve read in the text.

Similarly, people who travel for fun get to experience and indulge in refreshing things which may serve as a stress reducer in their lives. The culture, architecture, cuisine and more of the place can open our mind to new things.

The Benefits of Travelling

There are numerous benefits to travelling if we think about it. The first one being, we get to meet new people. When you meet new people, you get the opportunity to make new friends. It may be a fellow traveller or the local you asked for directions.

Moreover, new age technology has made it easier to keep in touch with them. Thus, it offers not only a great way to understand human nature but also explore new places with those friends to make your trip easy.

Similar to this benefit, travelling makes it easier to understand people. You will learn how other people eat, speak, live and more. When you get out of your comfort zone, you will become more sensitive towards other cultures and the people.

Another important factor which we learn when we travel is learning new skills. When you go to hilly areas, you will most likely trek and thus, trekking will be a new skill added to your list.

Similarly, scuba diving or more can also be learned while travelling. A very important thing which travelling teaches us is to enjoy nature. It helps us appreciate the true beauty of the earth .

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Conclusion of the Essay on Travel

All in all, it is no less than a blessing to be able to travel. Many people are not privileged enough to do that. Those who do get the chance, it brings excitement in their lives and teaches them new things. No matter how a travelling experience may go, whether good or bad, it will definitely help you learn.

FAQ on Essay on Travel

Question 1: Why is it advantageous to travel?

Answer 1: Real experiences always have better value. When we travel to a city, in a different country, it allows us to learn about a new culture, new language, new lifestyle, and new peoples. Sometimes, it is the best teacher to understand the world.

Question 2: Why is travelling essential?

Answer 2: Travelling is an incredibly vital part of life. It is the best way to break your monotonous routine and experience life in different ways. Moreover, it is also a good remedy for stress, anxiety and depression.

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Trade Related Investment Measures

The agreement on Trade-Related Investment Measures or “TRIMs” acknowledges that investment measures can control and twist trade. This states World Trade Organisation members might not apply any measure that differentiates or leads to quantitative restrictions, both of which disobey any fundamental WTO rules.

A list of restricted TRIMS is a part of this agreement. The TRIMS Committee looks after the operation and execution of this agreement and allows members the chance to consult on any appropriate matters.

Agreement on TRIMs resulting from Uruguay recognises that certain investment measures may cause restrictive effects on international trade in goods.

Objectives of Trade-Related Investment Measures

TRIMs believe that there is a strong connection between trade and investment. The goal of trade-related investments measures is to give fair treatment to all investing members across the world.

As the TRIMs deal says, members have to inform the World Trade Organization (WTO) council to buy and sell various services and goods of their current TRIMs that are incompatible with the agreement.

Main Features of TRIMs

• It only applies to investment measures related to goods trade.
• This doesn’t apply to service trade.
• It doesn’t regulate the entry of foreign industry or investment.
• It is about the discriminatory treatment of imported/exported products.
• Concern measures were applied to both foreign domestic firms.
• A transition period of 2 years in the case of developed countries, 5 years in the case of developing countries and 7 years in the case of LDCs, from the date this agreement came into effect, which is 1st January 1995.

The main obligation contained in this agreement is that members shall not apply any trade-related investment major that is inconsistent with Article III (national treatment) or Article XI (general elimination of quantitative restrictions) of the GATT .

A few related links are as follows:

The TRIMs agreement has directly restricted the following.

• Local Content Requirement

Local content requirement is the measure that if a developed country wants to trade their products in a developing country. Then the developing country wishes to agree on that deal if and only if it uses one of the domestic items on their product. It means that the growth of domestic products will increase.

For example, suppose a mobile brand wants to sell its products in India. However, India agrees if only the brand uses the battery made in India. If that mobile brand agrees to this agreement, the value of ‘made in India’ batteries will increase gradually, which is India’s benefit.

However, that mobile brand doesn’t get proper profit because of purchasing those domestic products or using those products. In other words, a developing country is restricting developed countries from trading their products.

• Trade Balancing Requirements

Trade balancing measures require that an enterprise’s purchase of imported products is equivalent to the quantity or worth of exported products. In simple words, someone from India has a business of desi ghee, and they export it in foreign.

However, they want to expand their business and import foreign cheese. Then, Indian government gave them the condition that they could import the same amount of foreign cheese as the amount of desi ghee they export. Basically, balancing the import and export amount of product or trade is called Trade Balancing .

However, the government is restricting the individual as per the TRIMs agreement.

• Foreign Exchange Restrictions

These include measures restricting importation by limiting access to foreign exchange.

• Domestic Sales Requirements

By using domestic sales requirements, many nations restrict the export of domestic products and distort trade. Because of this, the value of those products gradually decreases. As a result, the production of those products is highly available in the market.

Developing countries are permitted to retain Trade-Related Investment Measures by virtue of the economic development needs of developing countries. In TRIMs, some restrictions are overlooked for the developing countries’ economic needs.

Aspirants can visit the linked article and get details about the upcoming government exams that comprise current affairs and general awareness as an important topic in the syllabus.

For the best preparation strategy for competitive exams candidates can visit the linked article and get detailed study material and preparation tips to excel in the examination.

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Frequently Asked Questions on Trade Related Investment Measures

What are trims’ instructions.

TRIMs demand that WTO members can not apply any measures that violate foreign investment that are against basic WTO principles.

Is India a part of TRIMs?

No, India does not have any commitment as per the TRIMs agreement.

What is the full form GATT?

The full form of GATT is General Agreement on Tariffs and Trade, which was established in 1947.

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Overview: the TRIPS Agreement

The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property.

> General provisions > Standards of protection > Copyright > Related rights > Trademarks > Geographical indications > Industrial designs > Patents > Integrated circuits > Undisclosed information > Anti-competitive licences > Enforcement > General obligations > Procedures and remedies > Provisional measures > Border measures > Criminal procedures > Other provisions > Acquiring and maintaining rights > Transitional arrangements > Protecting existing matter

Other provisions 

Acquisition and maintenance of intellectual property rights and related inter partes procedures    Back to top

On the whole, the Agreement does not deal in detail with procedural questions concerning acquisition and maintenance of intellectual property rights. Part IV of the Agreement contains some general rules on these matters, the purpose of which is to ensure that unnecessary procedural difficulties in acquiring or maintaining intellectual property rights are not employed to impair the protection required by the Agreement. According to paragraph 1 of Article 62, Members may require, as a condition of the acquisition or maintenance of rights related to trademarks, geographical indications, industrial designs, patents and layout-designs, compliance with reasonable procedures and formalities. Where the acquisition of an intellectual property right is subject to the right being granted or registered, the procedures must permit the granting or registration of the right within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection (paragraph 2). Procedures concerning the acquisition or maintenance of intellectual property rights and, where a Member's law provides for such procedures, administrative revocation and inter partes procedures such as opposition, revocation and cancellation, must be governed by the general principles concerning decisions and review set out in paragraphs 2 and 3 of Article 41 of the Agreement (paragraph 4). Final administrative decisions in such procedures must generally be subject to review by a judicial or quasi-judicial authority (paragraph 5).

Transitional arrangements Back to top

The TRIPS Agreement gives all WTO Members transitional periods so that they can meet their obligations under it. The transitional periods, which depend on the level of development of the country concerned, are contained in Articles 65 and 66.

Developed country Members have had to comply with all of the provisions of the TRIPS Agreement since 1 January 1996. However, all Members, even those availing themselves of the longer transitional periods, have had to comply with the national treatment and MFN treatment obligation as of 1 January 1996.

For developing countries, the general transitional period was five years, i.e. until 1 January 2000. In addition, the Agreement allowed countries in transition from a centrally-planned into a market economy to delay application until 2000, if they met certain conditions.

The TRIPS Agreement provided special transition rules for a situation where a developing country did not provide product patent protection in a given area of technology on 1 January 2000. This provision was especially relevant to pharmaceutical and agricultural chemical inventions. According to Article 65.4, a developing country could delay the application of the TRIPS obligations on product patents to such areas of technology until 1 January 2005.The “non-backsliding” clause in Article 65.5 forbid developed and developing country members and members transitioning to a market economy availing themselves of transitional periods from reducing the level of protection of intellectual property in a way which would result in a lesser degree of consistency with the requirements of the Agreement.

For those countries on the United Nations list of least-developed countries, the transitional period was initially eleven years with the possibility of extension upon duly motivated request. It has been extended three times, and is now set to run until 1 July 2034, or until a member ceases to be an LDC, whichever comes first.

In the situation where patent protection is not provided for pharmaceutical and agricultural chemical products commensurate with the TRIPS provisions on scope of patentable subject matter as of 1 January 1995, Articles 70.8 and 70.9 provide for additional transitional arrangements. In accordance with the "mailbox" provision contained in Article 70.8, the country concerned is required to provide a means by which patent applications for such inventions can be filed. These applications do not need to be examined for their patentability until the country starts applying product patent protection in that area. If a product that is the subject of such a mailbox patent application in a member obtains marketing approval before the decision on the grant of the patent is taken, there is an obligation under Article 70.9 to grant exclusive marketing rights for a period of up to five years or until the patent is granted or rejected, whichever comes first.

Protection of existing subject-matter Back to top

An important aspect of the transition arrangements under the TRIPS Agreement is the provisions relating to the treatment of subject-matter already existing at the time that a Member starts applying the provisions of the Agreement. As provided in Article 70.2, the rules of the TRIPS Agreement generally apply to subject-matter existing on the date of application of the Agreement for the Member in question and which is protected in that Member on the said date. In respect of copyright and most related rights, there are additional requirements. Articles 9.1, 14.6 and 70.2 of the TRIPS Agreement oblige WTO Members to comply with Article 18 of the Berne Convention, not only in respect of the rights of authors but also in respect of the rights of performers and producers of phonograms in phonograms. Article 18 of the Berne Convention as incorporated into the TRIPS Agreement includes the so-called rule of retroactivity, according to which the Agreement applies to all works which have not yet fallen into the public domain either in the country of origin or the country where protection is claimed through the expiry of the term of protection. The provisions of Article 18 allow some transitional flexibility where a country is, as a result, taking subject-matter out of the public domain and putting it under protection, in respect of the interests of persons who have in good faith already taken steps on the basis of the material being in the public domain.