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Topic: Agreement on Trade-Related Aspects of Intellectual Property Rights

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Trade Topics - Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPs) Geographical Indications, as well as other intellectual property such as Copyright, Patents and Trademarks, are dealt with in the WTO's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Intellectual property rights are rights granted by states to private parties to encourage creations of the mind such as inventions, artistic and literary works, marks and symbols. Intellectual property rights prevent misappropriation by others and give creators certain time-limited rights so that they can control the use made of their creations and reward them for their time, creativity, and investment. www.agr.gc.ca /itpd-dpci/english/topics/trips.htm   (551 words)

Agreement on Trade-Related Aspects of Intellectual Property Rights Appropriate measures, provided that they are consistent with the provisions of this Agreement, may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology. In the case of intellectual property rights for which protection is conditional upon registration, applications for protection which are pending on the date of application of this Agreement for the Member in question shall be permitted to be amended to claim any enhanced protection provided under the provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice. www.uspto.gov /web/offices/com/doc/uruguay/finalact.html   (7172 words)

Acession to WTO Concept PaperABA - CEELI The standards are largely built on the requirements of major multilateral intellectual property agreements, but inclusion as a mandatory element in the trading system means that use of the leverage and processes of trade agreements for the first time has been widely accepted for enforcement of these rights. Other matters covered should include: economic statistics; a discussion of the acceding country's trade balance, volume of trade, and trade by geographic areas; a summary of its industrial and agricultural policies; any economic reforms in progress; and a description of the bilateral and multilateral economic and trade agreements to which the country is a party. Thus, national legislation clearly defining trade relief available to private parties, and the procedures for obtaining that relief and coordinating it with the WTO system, is clearly consistent with the development of a strong democratic system and is likely to lead to more effective enforcement of WTO rights. www.abanet.org /ceeli/publications/conceptpapers/wtoacession/wtoacession.html   (15210 words)

tttc-WTO431A5-en.doc The goals of the programme are: (1) to foster a better understanding of international intellectual property obligations and norms; (2) to educate participants on the US intellectual property system; and (3) to exchange information on intellectual property issues. US Department of Commerce In 2003, the US Department of Commerce's International Trade Administration created the Management Training for Africa (MTA) Pilot Program initiative to offer trade capacity building for the five countries of the Southern African Customs Union (SACU) as they embarked upon free trade agreement (FTA) negotiations with the United States. Trade Capacity Programmes in Sub-Sahara Africa Under the African Growth and Opportunity Act (AGOA - Title I of the Trade and Development Act of 2000), technical assistance is targeted to sub-Saharan African countries to promote economic reforms and development. www.biodiv.org /doc/case-studies/tttc/tttc-WTO431A5-en.doc   (5532 words)

World Trade Organization, "Trade-Related Aspects of Intellectual Property" That text sought a recognition of the right of Members to specify in their national legislation practices deemed to constitute an abuse of intellectual property rights or to have an adverse effect on competition and to adopt appropriate measures to prevent or control such practices. In the case of technology subject to patents and other intellectual property rights, such access and transfer shall be provided on terms which recognize and are consistent with the adequate and effective protection of intellectual property rights. Following this agreement, suggestions from a large number of countries on the different aspects of the agenda were examined in the Negotiating Group. www.mtholyoke.edu /acad/intrel/tradenv.html   (9836 words)

ERS/USDA Briefing Room - WTO: Beyond the Agreement on Agriculture Among the newer issues in international trade policy is protection and requirements related to intellectual property. The reading below addresses issues related to intellectual property rights. Intellectual property rights are customarily divided into two main areas: copyrights and industrial property. www.ers.usda.gov /Briefing/WTO/trips.htm   (294 words)

The impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights on human rights: report of the High Commissioner Finally, as the issue of trade agreements and health has been raised within the context of world conferences, the report can be situated within an identifiable international policy framework. It offers a human rights approach to the TRIPS Agreement, and assesses states' obligations to respect, protect and fulfil the right to health. encouragment for States to monitor the implementation of the TRIPS Agreement to ensure that its minimum standards are achieving this balance between the interests of the general public and those of the authors www.eldis.org /static/DOC5597.htm   (603 words)

US Dept of State - U.S. Concerned by Efforts to Alter Intellectual Property Law The heightened publicity is also warranted in light of the efforts underway by some of our trading partners in the World Trade Organization (WTO) to undermine these valuable intellectual property rights by treating geographical indications solely as trade interests and ignoring intellectual property principles. For example, from an intellectual property perspective, it is unclear that those requesting "claw back" at the WTO and in bilateral negotiations are offering any protection for U.S. geographical indications. The TRIPs Agreement and, thus, the TRIPs GI standards, are the result of trade negotiations during the Uruguay Round. usinfo.state.gov /ei/Archive/2003/Dec/31-527014.html   (1953 words)

From Gatt to Trips: The Agreement on Trade-Related Aspects of Intellectual Property Rights From Gatt to Trips: The Agreement on Trade-Related Aspects of Intellectual Property Rights Amazon.com statement required by their affiliate program; this site operates independently. www.isbn.nu /3527287825   (300 words)

Fact Sheets on International Bodies Considering Traditional Knowledge - 5. World Intellectual Property Organisation (WIPO) WIPO's work in this area contributes, in part, and through the contribution of technical information, to the current debate about the relationship between the CBD and the World Trade Organisation Agreement on the Trade Related Aspects of Intellectual Property Rights ("WTO- TRIPS") which is considered further in fact sheet 6. In 1998, as part of WIPO's work on biological diversity and biotechnology, a study on the role of intellectual property rights in the sharing of benefits arising from the use of biological resources and associated traditional knowledge was commissioned by WIPO and the United Nations Environment Programme ("UNEP"). The IGC is undertaking a study of the legal protection of traditional cultural expressions which analyses current intellectual property rights and new options. www.med.govt.nz /buslt/int_prop/traditional-knowledge/fact-sheets/fact-sheets-06.html   (1953 words)

Open Directory - Society: Issues: Intellectual Property: Genetic Resources WorldTrade Organisation - TRIPs / Patents pages - WTO's pages on the Agreement on Trade-Related aspects of Intellectual Property rights (TRIPs), highlighting the patents clauses which include genetic resources patents. Trade, Intellectual Property, Food and Biodiversity - Discussion paper prepared for the Quaker United Nations Office (QUNO) on key issues and options for the review of Article 27.3(b) of the WTO/TRIPs Agreement. Intellectual Property and Community Rights - Authoritative introduction to these issues by Genetic Resources Action International (GRAIN) with links to key documents on patents, PVP, WTO/TRIPs and corporate control of agricultural biodiversity. dmoz.org /Society/Issues/Intellectual_Property/Genetic_Resources   (785 words)

SCADPlus: Intellectual property: introduction The conclusion of the Agreement on trade-related aspects of intellectual property rights (the TRIPS Agreement) by the members of the WTO in 1996 upon the conclusion of the Uruguay Round emphasises the importance of the protection of intellectual property in the field of trade. Differences between national laws in the intellectual property field (which, for the purposes of this document, embraces industrial property, copyright and related rights) may constitute protectionist barriers to the free movement of goods and services and distort competition, thereby undermining the single market. This is the context in which to place the Directive on the enforcement of intellectual property rights which was adopted in April 2004. europa.eu.int /scadplus/leg/en/lvb/l26021.htm   (1567 words)

World Intellectual Property Organisation, Genomics Gateway, Department of Peace Studies, University of Bradford WIPO now works alongside the World Trade Organisation and its Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). WIPO currently oversees 23 treaties covering aspects of intellectual property protection, however it is not obligatory for member states of WIPO to be parties to these treaties. WIPO works to harmonise intellectual property rights, standards and legal provisions internationally. www.brad.ac.uk /acad/sbtwc/gateway/TRADE/WIPO.htm   (514 words)

Health and 'intellectual property' The agreement -- known as trade-related aspects of intellectual property rights (TRIPS) -- was part of the 1994 Uruguay Round of trade liberalization measures adopted by countries that later formed the WTO. In the 1990s, the US persuaded a number of countries to strengthen their intellectual property laws earlier than required by the WTO's schedule by using the threat of trade sanctions. With the spread of national legislation enshrining minimum standards of intellectual property rights protection, actions a government now can take depend on what legislation it may already have adopted to prevent generic production or give exclusive marketing rights to patent holders. www.un.org /ecosocdev/geninfo/afrec/vol15no1/151aids8.htm   (514 words)

Intellectual Property Declaration on the TRIPS (Trade-Related aspects of Intellectual Property Rights) agreement and public health (2001) WTO-World Trade Organization Case study: Napster (2002) Fisher, W.; Yang, C. Competition policy and the exercise of intellectual property rights (2002) Table of intellectual property laws in Arab countries (2000) IDLI-International Development Law Institute www.idli.org /OnlineLib/intellectual_property.htm   (371 words)

GlaxoSmithKline: WTO and the Trips Agreement Intellectual property rights are protected globally by the World Trade Organisation’s (WTO) Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS). The TRIPS Agreement was signed by all WTO member countries in 1994 and covers all types of intellectual property including patents, copyright and trademarks. These concerns were addressed in 2001 when WTO Ministers agreed that intellectual property protection is important for the development of new medicines and that it does not and should not restrict members' rights to protect public health. www.gsk.com /corporate_responsibility/cr_issues/ip_wto_trips.htm   (690 words)

The UK Patent Office - About us and policies - IPPD - Contact Trade-Related Aspects on Intellectual Property (TRIPS) Agreement, including geographical indications; EC Regulations on Supplementary Protection Certificates for medicinal products and plant protection products; intellectual property rights issues in World Trade Organisation (WTO); foreign industrial property laws; EMEA and the single Trade Mark Pharmaceutical Industry and IPR issues; IP aspects of EU enlargement. Management and reform of the EPO (including Admin Council), Community Patent, EU/International IP Initiatives including G7/G8, EU Institutional matters including co-ordination for the Internal Market Competitiveness Council for European Councils ; Database Directive; London Agreement; European Patent Litigation Agreement. General policy information co-ordinator, Enforcement issues, Professional matters relating to Patent and Trade Mark Agents, Patent Enforcement Project. www.patent.gov.uk /about/ippd/contact.htm   (690 words)

WIPO/PR/1998/139: WIPO-WTO Joint Symposium on TRIPS Agreement Implementation Process The Agreement on Trade Related Aspects of Intellectual Property (TRIPS) is a major WTO agreement. This process involves bringing national legislation into line with the provisions of the TRIPS Agreement and also requires that infrastructure and enforcement mechanisms for the protection of intellectual property rights are in place. The TRIPS Agreement is the first international legal instrument that combines intellectual property and trade matters. www.wipo.int /edocs/prdocs/en/1998/wipo_pr_1998_139.html   (319 words)

shortguidewto.html Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, THE LEGAL TEXTS: THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS 320 (1999), 1869 U.N.T.S. 1197 (1994) [hereinafter TRIPS Agreement]. Agreement on Trade-Related Investment Measures, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, THE LEGAL TEXTS: THE RESULTS OF THE URUGUAY ROUND OF [hereinafter TRIMS Agreement]. General Agreement on Tariffs and Trade 1994, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, THE LEGAL TEXTS: THE RESULTS OF THE URUGUAY ROUND OF 1153 (1994) [hereinafter GATT 1994]. www.law.nyu.edu /library/shortguidewto.html   (1978 words)

ERS/USDA Briefing Room - WTO: Beyond The Agreements on Agriculture These agreements cover trade in goods and services, as well as trade-related aspects of intellectual property rights. The Marrakesh Agreement also created a Dispute Settlement Body within the WTO to resolve disputes among WTO members, and it established a system for regular review of national trade policies and international trade trends. Finally, there are four plurilateral agreements (not binding on all WTO members): the Agreement on Trade in Civil Aircraft, the Agreement on Government Procurement, the International Dairy Agreement, and the International Bovine Meat Agreement. www.ers.usda.gov /briefing/wto/beyondagreement.htm   (202 words)

marshall a. leaffer and marquette The Agreement on Trade-Related Aspects of Intellectual Property is an agreement made under the auspices of the General Agreement on Tariffs and Trade (GATT) that provides for the establishment of minimum international standards of intellectual property protection. The Madrid Agreement n37 affords trademark owners of Member States the opportunity to obtain trademark rights in other countries through a single filing in their home country's trademark office. Agreement of Madrid for the International Registration of Trademarks of 14 April 1891 [hereinafter Madrid Agreement]; see International Treaties, supra note 4, at 260-274 (for the text of the MadridAgreement). www.law.harvard.edu /faculty/tfisher/Leaffer.html   (11790 words)

International Information Programs, U.S. Department of State, Economic Perspectives, February 2000 -- Crafting a Global Trade Strategy: The U.S. and the WTO -- "Chronology of Events Leading Up to the WTO" Governing the WTO are a number of legal texts, most notably the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services, and the agreement on Trade-Related Aspects of Intellectual Property Rights. 1974 -- The U.S. Trade Act of 1974 passed with a provision requiring the president to determine, after conclusion of future agreements, whether any major industrial country (defined as Canada, the European Economic Community, and Japan) had failed to make concessions "substantially equivalent" to U.S. concessions. It achieved an agreement to provide 4.5 million tons of wheat a year in food assistance to impoverished countries. usinfo.state.gov /journals/ites/0200/ijee/chronology.htm   (737 words)

International Information Programs, U.S. Department of State, Economic Perspectives, February 2000 -- Crafting a Global Trade Strategy: The U.S. and the WTO -- "Chronology of Events Leading Up to the WTO" Governing the WTO are a number of legal texts, most notably the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services, and the agreement on Trade-Related Aspects of Intellectual Property Rights. 1974 -- The U.S. Trade Act of 1974 passed with a provision requiring the president to determine, after conclusion of future agreements, whether any major industrial country (defined as Canada, the European Economic Community, and Japan) had failed to make concessions "substantially equivalent" to U.S. concessions. 1944 -- An international conference of 44 countries at Bretton Woods, New Hampshire, agreed on a global fixed-rate foreign exchange system and laid the groundwork for the International Monetary Fund, the World Bank, and the General Agreement on Tariffs and Trade. usinfo.state.gov /journals/ites/0200/ijee/chronology.htm   (737 words)

GRAIN Fight for rights The WTO Agreement on Trade-Related Aspects of Intellectual Property, or TRIPS for short, is a central pillar of the multilateral trade system today. The relationship between the TRIPS agreement and the Convention on Biological Diversity (CBD) and the protection of traditional knowledge — elements of the obligation to disclose evidence of benefit-sharing under the relevant national regime (Bolivia, Brazil, Colombia, Cuba, Dominican RepublicEcuador, India, Peru and Thailand, Mar-2005) Developing countries have made many numerous proposals to amend TRIPS to prohibit patents on life, limit biopiracy by identifying the origin of genetic materials and traditional knowledge in patent applications or guarantee space within TRIPS for farmers' and indigenous peoples rights. www.grain.org /rights/tripsreview.cfm   (1084 words)

LLRX.com - Researching Intellectual Property Law in an International Context At the conclusion of the last round of trade negotiations under General Agreement on Tariffs and Trade ("GATT"), the Agreement on Trade Related Aspects of Intellectual Property ("TRIPS") (http://www.wto.org/wto/eol/e/pdf/27-trips.pdf) was signed by the participating nations. This agreement defines standards of intellectual property rights and enforcement mechanisms for individual countries to follow, and incorporates those into the existing Dispute Settlement mechanism of the WTO. It defines these standards by reference to existing agreements concluded under the auspices of the World Intellectual Property Organization (http://www.wto.org/wto/intellec/intell4.htm). www.llrx.com /features/iplaw.htm   (4869 words)

Agreement on Trade-Related Aspects of Intellectual Property Rights - Dangeruss-Industries.com TRIPs was added to the General Agreement on Tariffs and Trade (GATT) treaty at the end of the Uruguay Round of trade negotiations in 1994. Many of the TRIPs provisions on copyright were imported from the Berne Convention for the Protection of Literary and Artistic Works and many of its trademark and patent provisions were imported from the Paris Convention for the Protection of Industrial Property. Since TRIPs came into force it has received a growing level of criticism from developing countries, academics, and NGOs, on the basis that the WTO system in general and the TRIPs system in particular encapsulates all that is socially, politically and economically unjust about globalisation (see also anti-globalisation). www.dangeruss-industries.com /TRIP.html   (4869 words)

First Independent Human Rights Organization in Saudi Arabia * A Copyright law was passed on June 9, 2003 to comply with the provisions of the World Trade Organization's agreement on trade-related aspects of intellectual property rights. Ambassador to the United States Prince Bandar bin Sultan stated: "The establishment of this human rights organization is just another step in Saudi Arabia's integrated reform program. Saudi charities are currently barred from sending any funds abroad, pending the full functioning of an oversight body, the Saudi National Commission for Relief and Charity Work Abroad, set up in March, 2004. www.prnewswire.com /cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-07-2004/0002123386&EDATE   (1139 words)

Multilateral Trade Negotiations on Agriculture: A Resource Manual IV. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) - Introduction to the TRIPS Agreement :Contents Before the adoption of the Agreement, countries were free to determine the terms for patentability, the rights conferred to patent holders and the duration of patent protection. The TRIPS Agreement encompasses, in principle, all forms of intellectual property and aims at harmonizing and strengthening standards of protection and providing for effective enforcement at both national and international levels. According to this section of Part II of the Agreement, any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, is capable of constituting a trademark and therefore eligible for registration as a trademark. www.fao.org /docrep/003/x7355e/x7355e02.htm   (3575 words)

World-Wide Intellectual Property Links@intelproplaw.com Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) Australian Department of Primary Industries & Energy - Plant Breeder's Rights www.wowk.com /WWIP.shtml   (3575 words)

Govt to set up GoM to resolve Dabhol crisis It has been enacted for fulfilling India’s obligation under agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) of WTO as also to stimulate investment in research and development for developing new plant varieties which will facilitate the growth of seed industry and ensure availability of high quality seeds to the farmers. The Protection of plant varieties and Farmers’ Rights Act, 2001 provides for the establishment of an effective system for protection of plant breeder’s rights. In return, Cairn Energy of UK will get 30 per cent stake in two onland blocks of ONGC GV-ONN/2001/1 in Ganga valley and CB-ONN/97/1 in Cambay Basin. www.indianexpress.com /full_story.php?content_id=54335   (3575 words)

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