Dr. P. Ravindra Babu Assistant Professor, Department of Biotechnology, SNIST Unit - VI

Dr. P. Ravindra Babu

Assistant Professor,

Department of Biotechnology,

SNIST

Unit - VI

WIPO Mission and Activities GATT and TRIPS Indian Position on WTO and strategies Indian IPR legislations – commitments to

WTO – patent ordinance and the bill Draft of national Intellectual property

Policy Case study on IP

SNIST/BT/Ravindra/IPR-6 2


Originated after World War II (1939-45). As part of economic recovery after World War II,

Bretton Woods Conference suggested an organization to regulate trade

The Agreement was originally a part of a draft charter for an International Trade Organisation (ITO)

The "Havana Charter" of the ITO contained the GATT, which governed trade, and also wide-ranging rules relating to employment, commodity agreements, restrictive business practices, international investment and services.


General Agreement on Tariffs and Trade (GATT)

GATT was signed by 23 nations at a trade conference in 1947 and became effective in 1 January 1948.

Australia, Belgium, Brazil, Burma, Canada, Ceylon, Chile, China, Cuba, the Czechoslovak Republic, France, India, Lebanon, Luxembourg, Netherlands, New Zealand, Norway, Pakistan, Southern Rhodesia, Syria, South Africa, the United Kingdom, and the United States.

According to GATT's own estimates, the negotiations created 123 agreements that covered 45,000 tariff items that related to approximately one-half of world trade or $10 billion in trade.

It lasted until 1994, when it was replaced by the World Trade Organization in 1995




GATT's main objective 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

disputes.


Location : Geneva, Switzerland Established : 1 January 1995 Created by : Uruguay Round negotiations

(1986-94)

Membership : 153 countries on 10 February 2011

Budget : 196 million Swiss francs for 2011

Secretariat staff: 640

Head : Pascal Lamy (Director-General)SNIST/BT/Ravindra/IPR-6 7

It is an is an international organization which deals with trade between nations. (trade opening).

It is a forum for governments to negotiate trade agreements. to lower trade barriers among member countries to

ensure that trade is free and predictable. It is a place for them to settle trade disputes. It operates a system of trade rules. Trade between countries should be free from

discrimination. It promotes economic growth and prosperity

Essentially, the WTO is a place where member governments try to sort out the trade problems they face with each other.


• 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


The three key agreements of WTO cover

trade in goods (the General Agreement on Tariffs and Trade, GATT),

trade in services (the General Agreement on Trade in Services, GATS) and

trade in ideas (the Agreement on Trade-Related Aspects of Intellectual Property, TRIPS).



The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), negotiated in the 1986-94 Uruguay Round, introduced intellectual property rules into the multilateral trading system for the first time.

The Agreement established global standards for IP protection that would be binding on both developed and developing countries, including enforcement and border measures.


Agreement on Trade-Related Aspects of Intellectual Property Rights

The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994 and came into effect from 1st Jan 1995.

The Agreement covers most forms of intellectual property including patents, copyright, trademarks, geographical indications, industrial designs, trade secrets, and exclusionary rights over new plant varieties.


The TRIPS agreement covers five broad issues:

basic principles protection to intellectual property enforcement of intellectual property settlement of disputes on intellectual

property between members of the WTOspecial transitional arrangements during

the period when the new system is being introduced


Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade;

Recognizing, to this end, the need for new rules and disciplines concerning:

(a) the applicability of the basic principles of GATT 1994 and of relevant international intellectual property agreements or conventions;

(b) the provision of adequate standards and principles concerning the availability, scope and use of trade-related intellectual property rights;


(c) the provision of effective and appropriate means for the enforcement of trade-related intellectual property rights, taking into account differences in national legal systems;

(d) the provision of effective and expeditious procedures for the multilateral prevention and settlement of disputes between governments; and

(e) transitional arrangements aiming at the fullest participation in the results of the negotiations;

Recognizing the need for a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods;

Recognizing that intellectual property rights are private rights;


Recognizing the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives;

Recognizing also the special needs of the least-developed country Members in respect of maximum flexibility in the domestic implementation of laws and regulations in order to enable them to create a sound and viable technological base;

Emphasizing the importance of reducing tensions by reaching strengthened commitments to resolve disputes on trade-related intellectual property issues through multilateral procedures;

Desiring to establish a mutually supportive relationship between the WTO and the World Intellectual Property Organization (referred to in this Agreement as “WIPO”) as well as other relevant international organizations;


Part Section Articles Content I

1-8

General Provisions and Basic Principles

II Standards Concerning The Availability, Scope and Use of Intellectual Property rights

1 9-14 Copyright and Related Rights 2 15-21 Trademarks 3 22-24 Protection of Geographical

Indications 4 25-26 Industrial Designs 5 27-34 Patents 6 35-38 Layout Designs

(Topographies) of Integrated Circuits 7 39 Protection of Undisclosed Information 8 40 Control of Anti Competitive Practices

in Contractual Licences III Enforcement of Intellectual Property Rights 1 41 General Obligations 2 42-49 Civil and Administrative Procedures

and Remedies 3 50 Provisional Measures 4 51-60 Special Requirements Related to

Border Measures 5 61 Criminal Procedures IV 62 Acquisition and Maintenance of

Intellectual Property Rights and Related Inter-Parties Procedures

V 63-64 Dispute Prevention and Settlement VI 65-67 Transitional Arrangements VII 68-73 Institutional Arrangements; Final

Provisions

It was established in 1970, following the entry into force of the WIPO Convention in 1967, with a mandate from its Member States to promote the protection of intellectual property throughout the world through cooperation among States and in collaboration with other international organizations.

The Organization became a specialized agency of the United Nations in 1974. The Director General is Francis Gurry.


Based in Geneva, with an international staff of some 1,300 employees, WIPO counts 184 Member States – more than 90 percent of the world’s countries.

WIPO is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards

creativity, stimulates innovation and contributes to economic development while

safeguarding the public interest.


To promote through international cooperation the creation, dissemination, use and protection of works of the human spirit for the economic, cultural and social progress of all mankind.

WIPO’s objectives are to promote intellectual property protection throughout the world through cooperation among states and, where appropriate, in collaboration with any other international organization.

20SNIST/BT/Ravindra/IPR-6

1. Norm setting - Preparing for new treaties and developing and administering treaties that are in force

2. Registration services and arbitration and mediation services

3. Intellectual property for development

21SNIST/BT/Ravindra/IPR-6

WIPO administers a number of international unions or treaties in the area of intellectual property, such as the Paris and Berne Conventions.

WIPO also aims to ensure administrative cooperation among the intellectual property unions created by the Paris and Berne Conventions and sub-treaties concluded by the members of the Paris Union.

The administration of the unions created under the various conventions is centralized through WIPO’s secretariat, the “International Bureau”.

The International Bureau also maintains international registration services in the field of patents, trademarks, industrial designs and appellations of origin.


As part of the United Nations system of specialized agencies, WIPO serves as a forum for its Member States to establish and harmonize rules and practices for the protection of intellectual property rights.

WIPO also services global registration systems for trademarks, industrial designs and appellations of origin, and a global filing system for patents.


Most industrialized nations have intellectual property protection systems that are centuries old.

Many new and developing countries, however, are in the process of building up their patent, trademark and copyright legal frameworks and systems.

With the increasing globalization of trade and rapid changes in technological innovation, WIPO plays a key role in helping these new systems to evolve through treaty negotiation, registration, enforcement, legal and technical assistance and training in various forms.


An agreement on cooperation between WIPO and the WTO came into force on 1 January 1996.

The agreement provides cooperation in three main areas:notification of, access to and translation of

national laws and regulations implementation of procedures for the

protection of national emblemsand technical cooperation.


Introduction of Patent Law in India took place in 1856 whereby certain exclusive privileges to the inventors of new inventions were granted for a period of 14 years.

Presently, the patent provisions in India are governed by the Patents Act, 1970.

The Indian Patents Act is fully compatible with the TRIPS Agreement, following amendments to it; the last amendment being in 2005 by the Patents (Amendment) Act, 2005.


The Copyright Act, 1957 came into effect from January 1958. This Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994 and 1999, with the amendment of 1994 being the most substantial.

India is a member of the Berne Convention for the Protection of Literary and Artistic Works of 1886 (as modified at Paris in 1971), and the Universal Copyright Convention of 1951. Though India is not a member of the Rome Convention of 1961, the Copyright Act, 1957 is fully compliant with the Rome Convention provisions.


In India, the Trade Marks Act, 1999 was passed on 30th December 1999 and came into force on 15th September 2003.

The Trade Marks Act, 1999 is in coherence with the provisions of the TRIPS Agreement.

The new Act provides for registration of trademarks for services in addition to goods, and has increased the period of registration and renewal from 7 yrs to 10 yrs.


In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999 came into force with effect from 15th September 2003.

This Act seeks to provide for the registration and protection of GI relating to goods in India. The Controller General of Patents, Designs and Trade Marks is also the registrar for the GI, and the GI Registry is located at Chennai.


India has amended its national legislation (Designs Act, 2000) to provide for minimal standards to protect Industrial designs.

The essential purpose of the Designs Act, 2000 is to promote and protect the design element of industrial production. It is also intended to promote innovative activity in the field of industries. The present legislation is aligned with the changed technical and commercial scenario and conforms to the international trends in design administration.


The basis for protecting integrated circuit designs (Topographies) in the TRIPS Agreement is the Washington Treaty on Intellectual Property in Respect of Integrated Circuits, 1989. India is a signatory to this international agreement.

In India, the IPRs on the layout designs of integrated circuits are governed by the ‘Semiconductor Integrated Circuits Layout-Design Act’, 2000.



Trade Related Aspects of Intellectual Property Rights: (TRIPS) India is a signatory of TRIPs in the Uruguay Round agreement of 1995.

India has enacted fully TRIPs - compliant Trademarks Act, Copyright Act, Designs Registration Act, Geographical

Indications Act and Protection of Layouts for Integrated Circuits Act. A novel Plant Varieties Protection and Farmers Rights Act 2001 and the Bio-

diversity Act 2002.

Out of seven IPRs, there is a dispute only on providing product patent in food, drugs & chemicals.

Indian patent law offers protection only to processes and not product patent for in respect of these.

The Indian Patent Act of 1970

Indian patent law has to be amended suitably to provide for product patents for duration of protection for 20 years in place of 5 to 7 years for processed foods, drugs and chemicals and 14 years for other sectors.


On 7th September 1998, India deposited its instrument of accession to the PCT and is bound by Patent Co-operation treaty as 98th contracting State of PCT from 7th December 1998.

Furthermore, nationals and residents of India are entitled to file International applications for patents under PCT at Patent office, Kolkatta as receiving office.

With effect from 19th November 1999 Patent office branches at Mumbai, Chennai & New Delhi are also receiving the PCT applications allowing the applicants to file application at their regional Patent office.


As on date of India’s accession to PCT, there were nine International Search Authorities (ISA’s) & Eight International Patent Examination Authorities (IPEA’s).

Govt. of India opted for all of them as competent ISA’s & IPE’s, providing maximum options to its applicants. As on today India is the only State having maximum options.

Four out of Top ten PCT applicants for the year 2002 are from India.


International agreement administered by WIPO

for the filing, searching, publication and examination of international

applications.

The PCT makes it easier to obtain patents in the Contracting States by providing for the filing of one international application, which may be subsequently prosecuted in the different designated national or regional Offices of States party to the PCT.

(A subsequent module on the WIPO International Registration Systems covers the PCT and two other international agreements in more depth).

However, even under the PCT, the granting of patents is left to those designated Offices.


There are three international intellectual property treaties which are of particular importance for the protection of biotechnology:

The Paris Convention for the Protection of Industrial Property

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (the Deposit Treaty) and

The Patent Cooperation Treaty (PCT) the PCT simplifies the process of filing patent applications simultaneously in a number of countries.


Berne Convention: for the Protection of Literary and Artistic Works

Rome convention : for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (October 26, 1961)

Budapest Treaty :International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure,

CBD :is an international treaty to sustain the diversity of life on Earth.

UPOV convention : Convention on Plant Variety Protection (PVP) of crops and flowers


REGULATED TRADING IN WILDLIFE PRODUCTS

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). 1973

CITES is the most widely accepted of international treaties on the conservation of natural resources.

The number of Parties signed in 1992 = 113


The convention attempts to prevent commercial trade in species of wildlife which are in danger of extinction and to control the trade in species which might become so if their trade was allowed to continue unchecked

The convention covers not only live animals and plants but also products and derivatives of the species listed.

These range from whole skins and manufactured leather products, through ivory carvings, tortoise shell jewelry, meat, seeds, and feathers to medicinal products extracted from plants such as ginseng

New Delhi Aug28, 2002. Central Bureau of Investigation officials in New Delhi nabbed Shekhar Verma, a former employee of Mumbai-based Geometric Software Solutions Company and a computer engineer from the Indian Institute of Technology, Kharagpur.

It turned out that Verma was accused of stealing $60 million worth of source code of a software product of Geometric Software's US-based client, SolidWorks, and trying to sell them to other companies for a fortune.

The American firm has the exclusive rights over the software.


Calcutta, 7 April 2000:

The Enforcement Branch, Calcutta police with the assistance from Nasscom and BSA, seized pirated software worth of Rs. 2.61 crore (US$ 6,08,000) from companies while conducting raids in the city.

4 persons, including owners, partners and senior level employees of the companies, were arrested for this offence.

The police recovered around 636 CDs, and 2 computers loaded with pirated software.


Hyderabad, March 2000: Hyderabad Police, with assistance from Nasscom (National Association of Software & Services Companies) and Business Software Alliance (BSA), seized pirated software worth of Rs. 75,16,400 (US$ 174,800) from 7 companies at a conducted raid.

13 people, including senior level employees of the companies, were arrested in this regard.

The Police recovered around 293 CDs, 5 hard disks and 7 computers loaded with pirated software.

The estimated value of the pirated software was worth Rs.77 lakh.


Documents

Dr. P. Ravindra Babu Assistant Professor, Department of Biotechnology, SNIST Unit - VI