A Critical Analysis of TRIPS Standards Regarding PATENT Protection

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  “Critical Analysis of TRIPS standards regarding PATENT protection” History of TRIPS TRIPS is an abbreviation of Agreement on Trade Related Aspects of Intellectual Property Rights. It is an international agreement between the member countries of the World Trade Organization (WTO). TRIPS agreement came after the General Agreement on Tariffs and Trade(GATT) in 1994. The main aim of the TRIPS Agreement is to uniform the laws related to Intellectual Property worldwide.

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It covers various areas of IP including patents, trademarks, copyrights, geographical indications, industrial designs, etc. For the same the agreement contains various standards for the member countries of WTO to follow. All the signatory countries of the agreement are bound to follow the minimum standards which are there in the agreement and implement the same in their laws. The TRIPS Agreement generally sets out the minimum standards regarding the grant of rights to the owner of IP, enforcement requirements in the national laws, and settlement of disputes and remedies to those whose IP rights get infringed. The objective of the TRIPS Agreement is mentioned under Article 7 of the said agreement which states that, the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. The TRIPS agreement is considered to be the most comprehensive international agreement on intellectual property to date. When the developed countries stressed on narrow reading of the TRIPS Agreement, the same was discussed in the Doha Declaration where the ministers stressed that it was important toimplement and interpret the TRIPS Agreement in a way that supports public health — by promoting both access to existing medicines and the creation of new medicines. TRIPS not only requires WTO members to providecopyrightrights,geographical indications, industrial designs,patents, trademarks but it also specifies procedures to enforce the same, remedies if in the case of infringement or violation of right anddispute resolutionprocedures. The Agreement covers the following areas of Intellectual Property:

  • Copyrights and Related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
  • Trademarks (including service marks)
  • Geographical Indications (including appellations of origin)
  • Industrial Designs
  • Patents (including the protection of new varieties of plants)
  • Layout-designs of Integrated Circuits
  • Undisclosed Information (including Trade Secrets and Test Data)

The TRIPS agreement is such that the members of WTO are required to create such norms and enforcement measures and related procedures such that they meet the minimum standards which are prescribed in the agreement.

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