Module 1

INTELLECTUAL PROPERTY RIGHTS

 AN
INTELLECTUAL
PROPERTY INTRODUCTION
WHY ENGINEERS NEED IP LAW?

 Engineers deal with highly technical concepts, designs and products, and the laws affecting an engineer’s
work can be as complex as the work itself.
 Follow regulations.
 Know which permits are necessary in which circumstances.
 Protect their work.
 Know the boundaries of liability.
 Avoid lawsuits.
 Negotiate contracts.
 Know when to contact a lawyer.
 Most of the activities turn into intellectual creation.
 As students-
 Eg- you develop new device, automobile-patent protection
 Licensing your developed technology
 Write a research paper- copyright protection
 WHAT IS AN IPR?

INTELLECTUA
L PROPRTY
RIGHTS

INTELLECTUA
PROPERTY RIGHTS
L
RIGHTS

 A claim or title to or interest in anything whatever that is enforceable by

law- Webster dictionary.
 something to which one has a just claim.

 A Right is an interest recognized & protected by rule of legal justice

 A right is a privilege which puts an obligation on other person not to act
against it
 A right is always backed by a duty
 Rights may be of two kinds:

 Moral Right- A moral right is an interest recognized by morality

 “moral rights” are “established through mutual respect by people and community
regardless of rule of law”
 Eg- right to be fed, saved during accidents

 Legal Rights –A legal right is an interest protected by rule of law

 A legal right is established through a legal process

 Eg – right to vote , right to education,

property

 Any object of value that a person may lawfully acquire & hold , anything that may be owned .
Eg- stocks, land ,house
 Property means the overall control over an object owned & possessed by a person
 Property will always have an owner

 Property is not limited to physical control

 It is a bundle of rights accorded to the owner & includes:
 Right to peaceful Enjoyment.
 Right to alienate – transfer
 Right to dispose off
 Property may be in different forms

 Tangible Property/Corporeal Property - 

Corporeal property is the right of ownership in material things.

 Corporeal property is always visible and tangible. Corporeal property can
be perceived by senses. It can be seen or touched.
 They existence is in time & space
 Eg- house , car , bike etc.
 Incorporeal property/ Intangible Property also called as intellectual or conventional property.  it
includes all those valuable interests which are protected by law.
 Incorporeal property is always intangible.
 It cannot be touched or perceived by Senses.
 Eg- copyright, patents , mortgages, securities

Movable Property - 

              Movable property is one, which can be transferred from one place to another place with the

human efforts.

Immovable Property -

   According to the General Clauses Act, 1897 "Immovable property includes land, benefits arising out of

land and things attached to the earth or permanently fastened or anything attached to the earth."

     According to the Indian Registration Act, "immovable property includes land, building,  hereditary

allowance, rights of way, lights, Ferries, Fisheries or any other benefit to  arise  out of land and things

attached to the earth or permanently fastened to anything attached to the earth but not standing
According to Salmond immovable property (i.e., land) has the following elements-

         A) a determinate portion of the surface of the earth.

         B) The ground beneath the surface down to the center of the earth

         C) The column of space above the surface ad infinitum.

         D) All objects which are on or under the surface in its natural state for example-minerals natural
vegetation, or stones lying loose upon the surface.

         E) An object placed by human agency on or under the surface of the land with the intention of permanent an annexation
for example, House walls, Doors,  Fences, etc.
 Public property and private property -
 Having regard ownership property is either public or private –
  Public property-

           Public property is that owned by the public as such in some governmental

capacity. Public property is used as a designation of which are Public Juris and
therefore, are considered as being owned by the public. the entire state or the
community and not restricted to the domain of private person or that which belongs
to a state or political constituents like provinces etc

 Private property -

          The private property is that which is owned by an individual or some other

private person.
 PROPERTY

TANGIBLE/ INTANGIBLE/
PUBLIC PRIVATE
CORPOREAL INCORPOREA
PROPERTY PROPERTY
PROPERTY L PROPERTY

MOVABLE INTELLECTUA REPUTATION

SECURITIES
PROPERTY L PROPERTY OF PERSON

IMMOVABLE
COPYRIGHT
PROPERTY

PATENTS

TRADEMARK
intellectual

 Intellectual refers to products that are result out of our human intellect
 This intellect is the ability to think & understand ideas
 An idea is a product of careful thinking

 There is a difference between the mental intellect & physical skills

 The intellectual creation acknowledges the values of mental effort
something especial to the human beings
Intellectual PROPERTY

 Intellectual Property is something produced

using human intellect which has commercial
value.
 Often intangible in nature, but usually
contained on a tangible, fixed medium- paper,
CD, computer chips…..
 Intellectual property (IP) refers to creations of the mind:
 Creativity is the ability to –
 Think / come up with new idea –
 Design new “inventions” –
 Produce “works of art” –
 Solve problems in new ways, or develop a new idea based on an
“original” knowledge. –
 Novel or unconventional approach.
 IP emanates from human labor

 Intellectual Property is an asset and as such it can be bought, sold,

licensed or exchanged.
 In simple terms Intellectual Property is a product of human intellect, skill
and labor.
 It may be in form of generation of new product or process having
industrial application
 Intellectual property refers to creations of the mind:
 inventions.
 literary and artistic works; and symbols,
 names and images used in commerce– WIPO Definition of IP
 Intellectual Property Right

 not to be confused with IP

 it is a right vested in the asset, not the asset itself
 e.g.
 an idea / invention is IP, a patent registration is an IPR
 a customer / price list is IP, a right of confidentiality is an IPR
 a secret production method is IP, a right to a trade secret is an IPR
 a particular way of representation is IP, copyright or a design
registration is an IPR
 a brand / trade name is IP, a trade mark registration is an IPR
Intellectual property rights

 Intellectual Property Rights (IPR) gives them this protection, as well as

helping them exploit and control their IP.
 “The exclusive right granted by State, to prevent others from using,
manufacturing, distributing - inventions, processes, applications, new
and original designs, trademarks, new plant varieties, data bases and
artistic and literary works”.
 Such a person is known as ‘rights owner' or ‘rights holder’.
 Ip protects the mental effort of the human creating a product
 Ip describe the character of the things they protect
 Eg – a new invention – patents
 An invention is created out of the intellect

 IP is granted only to humans- as they ae product of human intellect

 Eg – no copyright to the photograph of the laughing ape,
 No copyright to the poetic work of the robot
 protects application & expression of ideas but not the ideas itself
 Eg crime scene novel, romantic novel,
 Same ideas can be there but expression cannot be the same
 Agatha Christi
Characteristics of intellectual
property
 Property right
 Proprietary in nature
 Can be bought , sold, mortgaged & licensed
 A valuation can be done for contractual or accounting purpose
 There is difference between proprietary rights in tangible & intangible
property
 Eg letter , pen
 Territorial in nature
 They are granted as a result of grant given under national legislation of
a country
 It is effective only in the country where registration is done
 For protection in other countries a new registration has to be done in the
other state
 Eg patents & trademarks
 Monopolistic in nature’
 They are exclusive rights
 Owner of right can only commercially exploit the value of his IP
 Eg right of reproduction of copyright in any song, letter, book

 Provides the right holder with power to prevent from using the Ip
without the permission or license
 Unauthorized use of patented technology is a infringement & can lead to
legal action
 Protectable by law
 Generally IPs are protected by a law – enforceable by law
 There is a provision for protection of the IP, a specific provision against
their abuse
 Remedies in cases of infringement
 Eg Patents- Indian Patents Act,1970
 The Indian Copyright Act,1957.
 The Trademarks Act, 1999.
 Intangible
 Cannot be perceived by senses
 To claim protection- need of description
 This description is done through process of registration
 Patent – registered through specification
 Trademark – description of mark
 Design- design specification
 Copyright- requires no registration
Tenure based in nature
 Depends upon the utility of work in the interest of the society
 There will be a fixed tenure after which the Ip will fall into public domain
 Duration based ownership
 Eg – patents tenure-20 years
 Copyright- author’s life + specific number of years (60 years in India)
 Design – 15 years
Term of IPRS
Importance of IP Protection

 Encourage creators & developers

 Enhances market value of an enterprise
 Contributes to the development of Science & Technology- encourages
innovation
 Competitive edge to the owners of IP
 Promote availability of genuine products
 Solutions to global challenges
 Term of Copyright

 Section 22. Term of copyright in published literary, dramatic, musical

and artistic works.— Except as otherwise hereinafter provided,
copyright shall subsist in any literary, dramatic, musical or artistic
work 3 [***] published within the lifetime of the author until 4 [sixty
years] from the beginning of the calendar year next following the
year in which the author dies. Explanation.— In this section the
reference to the author shall, in the case of a work of joint
authorship, be construed as a reference to the author who dies last
 Explanation.— In this section the reference to the author shall, in the
case of a work of joint authorship, be construed as a reference to
the author who dies last.
 Section 23. Term of copyright in anonymous and pseudonymous works.— (1) In the case of literary,
dramatic, musical or artistic work (other than a photograph), which is published anonymously or
pseudonymously, copyright shall subsist [sixty years] from the beginning of the calendar year next
following the year in which the work is first published:
 Provided that where the identity of the author is disclosed before the expiry of the said period,
copyright shall, for [sixty years] from the beginning of the calendar year next following the year in
which the author dies.
 (2) In sub-section (1), references to the author shall, in the case of an anonymous work of joint
authorship, be construed,—
 (a) where the identity of one of the authors is disclosed, as references to that author; (b) where the
identity of more authors than one is disclosed, as references to the author who dies last from amongst
such authors.
 (3) In sub-section (1), references to the author shall, in the case of a pseudonyms work of joint
authorship, be construed,— (a) where the names of one or more (but not all) of the authors are
pseudonyms and his or their identity is not disclosed, as references to the author whose name is not a
pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such
of those authors who dies last; (b) where the names of one or more (but not all) of the authors are
pseudonyms and the identity of one or more of them is disclosed, as references to the author who
dies last from amongst the authors whose names are not pseudonyms and the authors whose names
are pseudonyms and are disclosed; and (c) where the names of all the authors are pseudonyms and
the identity of one of them is disclosed, as references to the author whose identity is disclosed or if
the identity of two or more of such authors is disclosed, as references to such of those authors who
dies last. Explanation.— For the purposes of this section, the identity of an author shall be deemed to
have been disclosed, if either the identity of the author is disclosed publicly by both the author and
the publisher or is otherwise established to the satisfaction of the 2 [Appellate Board] by that author
 Section 24. Term of copyright in posthumous work.— (1) In the case of a
literary, dramatic or musical work or an engraving, in which copyright subsists
at the date of the death of the author or, in the case of any such work of joint
authorship, at or immediately before the date of the death of the author who
dies last, but which, or any adaptation of which, has not been published before
that date, copyright shall subsist until 1 [sixty years] from the beginning of the
calendar year next following the year in which the work is first published or,
where an adaptation of the work is published in any earlier year, from the
beginning of the calendar year next following that year.
 (2) For the purposes of this section a literary, dramatic or musical work or an
adaptation of any such work shall be deemed to have been published, if it has
been performed in public or if any 3 [sound recording] made in respect of the
work have been sold to the public or have been offered for sale to the public.
 Section 26. Term of copyright in cinematograph films.— In the case of a
cinematograph film, copyright shall subsist until [sixty years] from the
beginning of the calendar year next following the year in which the film
is published.

 Section 27. Term of copyright in sound recording.— In the case of a

[sound recording] copyright shall subsist until [sixty years] from the
beginning of the calendar year next following the year in which the
[sound recording] is published.
 Section 28. Term of copyright in Government works.— In the case of a
Government work, where Government is the first owner of the copyright
therein, copyright shall subsist until [sixty years] from the beginning of the
calendar year next following the year in which the work is first published. 4
 Section 28A. Term of copyright in works of public undertakings.— In the case
of a work, where a public undertaking is the first owner of the copyright
therein, copyright shall subsist until [sixty years] from the beginning of the
calendar year next following the year in which the work is first published.
 Section 29. Term of copyright in works of international organizations.— In the
case of a work of an international organization to which the provisions of
section 41 apply, copyright shall subsist until [sixty years] from the
beginning of the calendar year next following the year in which the work is
first published.
 Term for patents
 Term of patent Section 53.—(1) Subject to the provisions of this Act, the term of
every patent granted, after the commencement of the Patents (Amendment) Act,
2002, and the term of every patent which has not expired and has not ceased to
have effect, on the date of such commencement, under this Act, shall be twenty
years from the date of filing of the application for the patent.
 Explanation.—For the purposes of this sub-section, the term of patent in case of
International applications filed under the Patent Cooperation Treaty designating
India, shall be twenty years from the international filing date accorded under the
Patent Cooperation Treaty.
 (2) A patent shall cease to have effect notwithstanding anything therein or in this
Act on the expiration of the period prescribed for the payment of any renewal fee, if
that fee is not paid within the prescribed period or within such extended period as
may be prescribed.
 (3) [Omitted by the Patents (Amendment) Act, 2005]
 (4) Notwithstanding anything contained in any other law for the time being in force,
on cessation of the patent right due to non-payment of renewal fee or on expiry of
the term of patent, the subject matter covered by the said patent shall not be
entitled to any protection.
 Term of trademark
 Section 22. Duration, renewal and restoration of registration –
 (1) The registration of a trade mark shall be for a period of 7 (seven) years, but the said
registration is renewable in accordance with the provisions of this section.
 (2) The Registrar shall, on application made by the registered proprietor of a trade mark
in the prescribed manner and within the prescribed period, renew the registration of the
trade mark for a period of 10 (ten) years from the date of expiration of original
registration or last renewal of registration, as the case may be.
 (3) Within the prescribed time before the expiry of the last registration of a trade mark,
the Registrar shall send in the prescribed manner to the registered proprietor notice of
the date of expiry and the conditions as to payment of fees and obtaining renewal of
registration, and if before expiry of the prescribed time the conditions are not duly
fulfilled, the Registrar may remove the trade mark from the register.
 (4) Where registration of a trade mark is removed from the register for non-payment of
the prescribed fee, the Registrar shall, within one year from the expiration of the
registration of the trade mark, on receipt of an application in the prescribed form, if
satisfied that it is just so to do, restore the trade mark in the register, and the
registration of such trademark may be renewed either generally or subject to such
conditions or limitations, for a period of ten years from the expiry of the last registration.
FORMS OF IPRS
 IPR

INDUSTRIA
COPYRIGH
L
T
PROPERTY
COPYRIGHTS

 Copyright is granted in respect of original literary, musical, artistic or audio-visual

works – the creations of authors, playwrights, composers, artists, film makers.
 rights of reproduction, communication to the public, adaptation and translation of
work.
 it is not the idea that the copyright protects, but merely the expression of the idea
as fixed in a particular form.
 Copyright is an inherent right that commences since the completion of the work
as an expression of the idea.
 Copyright comes with the doctrine of ‘fair use’, which includes use of the work for
purposes of criticism,
 comment, news reporting, teaching and education, scholarship and research.
 Fair use does not constitute infringement.
TRADEMARK

 Trade marks and service marks are distinctive symbols, signs, logos that
help the consumer to distinguish between competing goods or services
 there is no requirement in law that trade mark has to meet any quality
standards. If quality is not maintained, customers will shift to another
brand.
 A trade mark is required to be distinctive and not deceptive.
PATENTS

 A patent is a statutory right granted for a limited period to an inventor in

respect of an invention to exclude any other person from manufacturing,
using or selling the patented product or from using the patented
process, without due permission.
 Patent protection means an invention cannot be commercially made,
used, distributed or sold without the patent owner’s consent
 Patents are granted by national patent offices or by regional offices that
carry out examination work for a group of countries – for example, the
European Patent Office (EPO) and the African Intellectual Property
Organization (OAPI).
GEOPGRAPHICAL INDICATION

 A geographical indication (GI) is a sign used on goods that have a

specific geographical origin and possess qualities or a reputation that
are due solely to the place of origin e.g. its specific climate, soil or
method of production
 Champagne (special kind of sparkling wine originating in the French
region of that name; Kolhapuri chappals from Kolhapur, India).
INDUSTRIAL DESIGN

 An industrial design is the ornamental or aesthetic aspect of an article; it

may consist of three dimensional features such as shape or surface, or
of two-dimensional features such as patterns, lines or colour.

 Designs must relate to the appearance of the object which is not

determined by technical or functional necessity.

 Designs enhance the visual appeal and add to the commercial value of
the product; they also facilitate the marketing and commercialization of
the product.
GROWTH OF IPR
 first references to intellectual property protection dates from 500 B.C.E., when
chefs in the Greek colony of Sybaris were granted year-long monopolies for
creating particular culinary delight
 Vitruvius (257–180 B.C.E.) is said to have revealed intellectual property theft
during a literary contest in Alexandria. While serving as judge in the contest,
Vitruvius exposed the false poets who were then tried, convicted, and
disgraced for stealing the words and phrases of others.
 In the Greek city states, direct support by patronage began to be
supplemented by prizes for recitation in public as well as for the performances
which were paid.
 In Greek society during the sixth and fifth century B.C. we can see the
emergence of the idea of creativity that subsequently would underpin
the wider ownership of knowledge.
 In ROME ,Saint Columbia, who in the year 567 surreptitiously copied a
psalm book, is belonging to his, teacher, Finnian of Moville. When
Finnian objected, the dispute went before king Diarmed the King
concluded that both the original and copy belonged to Finnian saying,
“to every cow her calf, and accordingly every book its copy”.
 the first time the legal and institutional form of intellectual property
rights established the ownership of knowledge and was explicitly utilized
to promote innovation.
 Venice enacted its first patent statue in 1474.
 This led to the formal growth of the IPR .
 The Industrial revolution of 19 the Century gave impetus to invention
 With no system of protection in action, the need for comprehensive
International agreement was felt
 The first successful effort came in the form of the Paris Convention on Industrial
property 1883
 It was followed by the Berne convention for the protection of Literary & Artistic
work 1886
 n 1893, the Paris and Berne Conventions combined to become the United
International Bureaux for the Protection of Intellectual Property.
 Together these form the Magna Carta of IPRS
 International growth of IPRs

 In connection with Industrial Property

1. Paris Convention, 1883

 The Paris Convention applies to industrial property in the widest sense, including
patents, trademarks, industrial designs, utility models (a kind of “small-scale patent”
provided for by the laws of some countries), service marks, trade names (designations
under which an industrial or commercial activity is carried out), geographical indications
(indications of source and appellations of origin) and the repression of unfair competition
 The Paris Convention, concluded in 1883, was revised at Brussels in 1900, at Washington
in 1911, at The Hague in 1925, at London in 1934, at Lisbon in 1958 and at Stockholm in
1967, and was amended in 1979.
 Under the provisions on national treatment, the Convention provides that, as regards
the protection of industrial property, each Contracting State must grant the same
protection to nationals of other Contracting States that it grants to its own nationals.
 The Convention provides for the right of priority in the case of patents (and
utility models where they exist), marks and industrial designs. This right means
that, on the basis of a regular first application filed in one of the Contracting
States, the applicant may, within a certain period of time (12 months for patents
and utility models; 6 months for industrial designs and marks), apply for
protection in any of the other Contracting States.
 The Convention lays down a few common rules that all Contracting States must
follow.
 The Paris Union, established by the Convention, has an Assembly and an
Executive Committee
2. Patent Co-operation Treaty
 The PCT is an international treaty with more than 150 Contracting
States.1 The PCT makes it possible to seek patent protection for an
invention simultaneously in a large number of countries by filing a single
“international” patent application instead of filing several separate
national or regional patent applications.
 The granting of patents remains under the control of the national or
regional patent Offices in what is called the “national phase”.
Budapest Treaty on International Recognition of
Deposit of Micro-organism for Purposes Of Patent
Procedure 1980
 The main feature of the treaty is that a contracting State which allows or
requires the deposit of microorganisms for the purposes of patent procedure
must recognize, for such purposes, the deposit of a microorganism with any
"international depositary authority", irrespective of whether such authority is
on or outside the territory of the said State.
 The Treaty is open to States party to the Paris Convention for the Protection
of Industrial Property (1883).
 On October 1, 2018 there were 47 such authorities: seven in the United
Kingdom, four in the Republic of Korea, three in China, Italy and the United
States of America, two each in Australia, India, Japan, Poland, the Russian
Federation and in Spain, and one each in Belgium, Bulgaria, Canada, Chile,
the Czech Republic, Finland, France, Germany, Hungary, Latvia, Mexico,
Morocco, the Netherlands, Slovakia and Switzerland.
International agreements on
trademark
Madrid Agreement Concerning the International
Registration of Marks (1891) and the Protocol
Relating to that Agreement (1989)
 The Madrid System for the International Registration of Marks is
governed by two treaties:
 the Madrid Agreement, concluded in 1891 and revised at Brussels
(1900), Washington (1911), The Hague (1925), London (1934), Nice
(1957) and Stockholm (1967), and amended in 1979,
 and the Protocol relating to that Agreement, concluded in 1989, which
aims to make the Madrid System more flexible and more compatible
with the domestic legislation of certain countries or intergovernmental
organizations that had not been able to accede to the Agreement.
 The system makes it possible to protect a mark in a large number of countries by
obtaining an international registration that has effect in each of the designated
Contracting Parties.
 An application for international registration (international application) may be filed
only by a natural person or legal entity having a connection – through
establishment, domicile or nationality – with a Contracting Party to the Agreement
or the Protocol.
 A mark may be the subject of an international application only if it has already
been registered with the trademark office of the Contracting Party with which the
applicant has the necessary connections
 An application for international registration must designate one or more
Contracting Parties in which protection is sought.
 The Nice Agreement,1957
 The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967
and at Geneva in 1977, and amended in 1979, establishes a classification of
goods and services for the purposes of registering trademarks and service
marks (the Nice Classification).
 The competent offices of the Contracting States must indicate in official
documents and in any publication, they issue in respect of the registration of
marks the numbers of the classes of the Classification to which the goods or
services for which the mark is registered belong.
 The Agreement is open to States party to the Paris Convention for the
Protection of Industrial Property (1883).
International agreement relating to copyrights
Berne Convention for Protection of
Literary & Artistic Works, 1886
 The Berne Convention deals with the protection of works and the rights
of their authors
 Berne Convention works on 3 basic principles:-
1. Principle of national Treatment
2. Principle of automatic protection
3. Principle of independence of protection
 The Convention also provides for "moral rights", that is, the right to
claim authorship of the work and the right to object to any mutilation,
deformation or other modification of, or other derogatory action in
relation to, the work that would be prejudicial to the author's honor or
reputation.
 Protection period- Minimum life of the author + 50 years or 50 years in
anonymous & pseudonymous works.
Universal Copyright Convention, 1952

 The UCC was drafted at the initiative of the then-Soviet Union (USSR)
who, along with some like-minded Central and South American states,
felt that the copyright term of the life of the author + 50 year, as set out
in the Berne Convention, was designed to advantage economically
strong countries
 The main difference between the Berne Convention and the UCC: the
copyright term of the UCC is life of the author + 25 years.
Rome Convention, 1961

 The Rome Convention secures protection in performances for

performers, in phonograms for producers of phonograms and in
broadcasts for broadcasting organizations. WIPO is responsible for the
administration of the convention jointly with the International Labor
Organization (ILO) and the United Nations Educational, Scientific and
Cultural Organization (UNESCO)
 the term of protection under the Rome Convention is twenty years,
GATT & WTO
GATT

 GATT (GENERAL AGREEMENT ON TARIFFS AND TRADE)

 GATT was signed in 1947, and came into force on 1 January 1948 signed by 23 states.
 It was amended in 1966 and lasted until 1993 when it was replaced by the WTO
(World Trade Organization) in 1995.
 GATT was the outcome of the failure of negotiating governments to create the
International Trade Organization (ITO).
 It is a multilateral agreement regulating trade among about 150 countries.
 The purpose of the GATT was explained as the ‘substantial reduction of tariffs and
other trade barriers and the elimination of preferences, on a reciprocal and
mutually advantageous basis’.
 The General Agreement on Tariffs and Trade (GATT) was first signed in 1947, was
designed -
 To provide an international forum
 That encouraged free trade between member states
 By regulating and reducing tariffs on traded goods
 Providing a common mechanism for resolving trade dispute
FUNDAMENTAL PRINCIPLES OF GATT :

 1. Non Discrimination: No member country shall discriminate between

members of GATT. Exceptions are allowed.
 2. Prohibition of Quantitative Restrictions
 3. Concept of consultation aims to avoid damage to trading interests of
contracting parties.
 4. GATT provides frame work within which the negotiations can be held
for reduction of tariff another barrier to trade and structure for
embodying results of such negotiations
 There are 8 rounds of negotiations held by GATT are as follows:
 First round (Geneva round)- started in April 1947 and lasted for 7 months with the
participation of 23 countries (achieve 45,000 reductions in bilateral tariffs).
 Second round- Took place in1949 in Annency, France with the participation of 13
countries (5000 tariff concessions).
 Third round- Took place in 1950 in Torquay, England which lasted for 8 months
with the participation of 38 countries (8700 reductions in bilateral tariffs).
 Fourth round- Took place in 1955 in Geneva and lasted until May 1956 with the
participation of 26 countries ($2.5 billion tariff reduction).
 Fifth round- Took place in Geneva during 1960-1962 with the participation of 26
countries ($4.9 billion tariff concessions of world trade).
 Sixth round (Kennedy round)- Took place from 1964-1967 with the participation of
62 countries (tariff reduction of $40 billion of world trade). It also covered the
subject ‘anti-dumping’.
 Seventh round- Took place in Tokyo from 1973-1979 with the participation of 102
countries (tariff reductions worth more than $300 billion). It covered the subjects
like tariff, non-tariff measures and ‘framework’ agreements.
URUGUAY ROUND

 Launched in 1986 to address the problems of GATT

 Major reforms introduced:
 WTO established,

 A new dispute resolution mechanism built up,

 GATT’s authority expanded to new areas, agreements regarding trade

in textiles, agriculture, services, and intellectual property,

 New set of rules regarding administered protection came into effect.

 WTO (WORLD TRADE ORGANIZATION)

 WTO is the successor organization to the General Agreement on Tariffs and Trade
(GATT).
 In 1995 WTO was established, which replaced the GATT.
 WTO intends to supervise and liberalize international trade and officially commenced on
1 January 1995.
 It had 157 members (till 2012) of which 117 are developing countries.
 The headquarters of WTO is at Geneva, Switzerland.
 Its activities are supported by a secretariat of 700 staffs, led by the WTO Director
General
Functions of WTO

 Administering WTO trade agreements

 Forum for trade negotiations
 Handling trade disputes
 Monitoring national trade policies
 Technical assistance and training for developing countries
 Cooperation with other international organizations
Activities of WTO

 Negotiation to reduce or eradicate hindrances in trade and agreeing on

rules that govern the conduct of internal trade.
 Administrating and monitoring the application of WTO trade agreement
rules in goods, trade in services, IPR.
 Reviewing the trade related policies of WTO members as well as
ensuring transparency in regional and bilateral trade agreement.
 Settling disputes among its members regarding interpretation and
application of the trade agreement.
 Educating public about WTO, its mission and its activities.
 Conducting economic research.
 Building capacity of developing country government officials in
international trade matters.
 Assisting developing countries in trade policy issues, through technical
assistance and training programs.
 Cooperating with other international organization.
 Providing detailed information on biotechnology, genetically modified
(GM) food and their business.
 Dealing with the ethical issues in business.
 Helping in smooth and easy conduction of trade at international levels.
GATT WTO

It Stands for General Agreement on Tariffs It Stands for World Trade Organization
and Trade
GATT was adhoc and provisional WTO is permanent

GATT has contracting parties. WTO has members.

GATT system allows existing domestic, WTO does not permit this.
legislation to continue even if it violated
GATT agreement.

GATT was less powerful and dispute WTO is more powerful and dispute
settlement mechanism was less efficient. settlement mechanism was more efficient
TRIPS & WIPO
TRIPS (TRADE-RELATED ASPECTS OF INTELLECTUAL
PROPERTY RIGHTS AGREEMENT)

 The TRIPs Agreement came into effect on 1 January 1995.

 It provides standards for the full range of intellectual property rights and
also the enforcement of those standards both internally and through
legal and administrative actions.
 The general time for implementing the TRIPs agreement is
 1 year for industrialized countries;
 5 years for developing countries and countries shifting from centrally
planned economics;
 10 years for least developed countries.
 The WTO Agreement on Trade-Related Aspects of Intellectual Property
Rights (the TRIPS Agreement) is largely based on existing international
conventions administered by the World Intellectual Property
Organization (WIPO), a specialized agency of the UN.
 The most important aspect of the TRIPS Agreement is that it imposes
certain minimum requirements in relation to the protection of
intellectual property rights that members must implement in their
national law.
 Features of TRIPS

 Minimum standards
 the Agreement sets out the minimum standards of protection to be provided by each Member.
Each of the main elements of protection is defined, namely the subject-matter to be protected,
the rights to be conferred and permissible exceptions to those rights, and the minimum duration
of protection.
 the substantive obligations of the main conventions of the WIPO, the Paris Convention for the
Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of
Literary and Artistic Works (Berne Convention)
 Enforcement
 The second main set of provisions deals with domestic procedures and remedies for the
enforcement of intellectual property rights. The Agreement lays down certain general principles
applicable to all IPR enforcement procedures.
 Dispute settlement Procedure
 The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations
subject to the WTO's dispute settlement procedures.
 The principle of national treatment & most favored nation is adopted under the
agreement
 The term IP refers to the intellectual property covered under sec1 to sec7 of the Part II of
the TRIPs
 Sec1 Copyrights & Related Rights(Art 9 to 14)
 Sec2 Trademarks ( Article 15-21)
 Sec 3 Geographical Indication ( Article 22-24)
 Sec 4 Industrial Design(Article 25-26)
 Sec5 Patents ( Art 27-34)
 Sec6 Layout designs of Integrated circuits( Article 35-38)
 Sec 7 Protection of undisclosed information(Art39)
 Sec8 Anti-competitive practice ( Article 40)
WIPO

 The “Convention Establishing the World Intellectual Property

Organization” was signed at Stockholm in 1967 and entered into force in
1970. However, the origins of WIPO go back to 1883 and 1886, with the
adoption of the Paris Convention and the Berne Convention respectively.
 WIPO, the successor to BIRPI, became a specialized agency of the United
Nations when an agreement was signed to that end between the United
Nations and WIPO which came into effect on December 17, 1974
 WIPO currently has 184 member states, administers 24 international
treaties, and is headquartered in Geneva, Switzerland
Purpose of WIPO

 assistance to developing countries,

 setting international norms and standards for the protection of
intellectual property
 registration activities.
Objectives of WIPO

 Promote protection of IP throughout the world through cooperation &

collaboration
 Harmonization of national & international IP regime
 Services for international applications for IP
 Information exchange on IP
 Legal & technical assistance in the field of IP
 Provide facilities for resolution for intellectual property disputes
Functions of WIPO

 To promote measures which facilitate in the protection of IP & harmonize

the national legislation in the field of IP
 Act as the administrative agency of the Paris Union & Berne Union to
perform its functions
 To promote the formation of international agreements in the field of IPR
 To make arrangement for collection & dissemination of information in
the field of IPR & promote research & studies in this field
 To provide the services for providing International protection of
intellectual property & provide for registration & publication of the data.