TRIPS Agreement (Part-1)
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This presentation summarizes key provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). It discusses Articles 3 and 4 which require national treatment and most-favored-nation treatment for intellectual property rights. Article 8 allows exceptions for public health and development. Articles 15-16 address protectable subject matter and rights conferred for trademarks. Articles 27-28 discuss patentable subject matter exceptions and rights conferred for patents, including preventing use without owner consent. The presentation provides an overview of several important articles under the TRIPS Agreement governing intellectual property rights and obligations for member nations.
TRIPS Agreement (Part-1)
- 1. WELCOME TO MY PRESENTATION! Presented By: ARNAB KUMAR DAS LLB 3rd Batch Department of Law Port City International University AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS AGREEMENT) 1
- 2. 1. Article 3: National Treatment; 2. Article 4: Most-Favored-National Treatment; 3. Article 8: Principles; 4. Article 15: Protectable Subject Matter; 5. Article 16: Rights Conferred; 6. Article 27: Patentable Subject Matter; and 7. Article 28: Rights Conferred Subject Matters 2
- 3. Each member shall treats all other members equally no less than favorable than its own nationals to the protection of intellectual property rights. Exceptions: The Paris Convention, 1967; The Berne Convention, 1971; and The Rome Convention on the Treaty on Intellectual Property Article 3: National Treatment 3
- 4. Article 4: Most-Favored-National Treatment For the purpose of the protection of intellectual property, any advantage, favor, privilege or immunity grated by a member to the national or any other country. But followings have been exempted from this obligations are any advantage, favor, privilege or immunity: Judicial assistance or law enforcement of general nature; Provisions of the Berne Convention (1971) or the Rome Convention; Rights on phonograms and broadcasting organizations; and International agreement related to the protection of intellectual property 4
- 5. Article 8: Principles Members can adopt essential measures necessary for the purpose of: Protect public Heath and Nutrition; and Promote public interest about socio-economic and technological development Provided that such measures are consistent with the provisions of this Agreement. Otherwise, members may take appropriate measures to prevent: Abuse of intellectual property rights by the right holders; or Practice which unreasonably restrain trade or adversely affect the international transfer of technology. 5
- 6. Article 15: Protectable Subject Matter Any Sign or any combination of Signs; Capable of distinguishing the goods or services; Shall be capable of constituting a trademarks. Such Signs includes personal names, letters, numerals, figurative elements and combinations of colors… Shall be eligible for registration as trademark. But the nature of the goods or services which are applied to trademark shall in no case from an obstacle to registration of the trademark. 6
- 7. Article 16: Rights Conferred The owner or right holder of the trademark shall have the exclusive right to prevent all third parties from using in the course of trade identical or similar signs or goods or services not having the owner’s consent. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. The rights prescribed under this Article shall not prejudice any existing prior rights, nor shall affect the possibility of members making rights available on the basis of use. 7
- 8. Article 27: Patentable Subject Matter Over which patents cannot be claimed? Members may also exclude from patentability: a) Diagnostic; b) Therapeutic and surgical methods for the treatment of humans or animals; c) Plants and animals other than micro-organism; d) Essentially biological processes for the production of plants or animals other than non-biological and microbiological process. 8
- 9. Article 28: Right Conferred A patent shall confer on its owner the following exclusive rights: a) Where the subject matter of a patent is a product is to prevent third parties from using, offering for sale, selling, or importing goods or services not having the owner’s consent. b) Where the subject matter of a patent is a process is to prevent third parties from using, offering for sale, selling, or importing goods or services not having the owner’s consent. 9
- 10. Thank you very much for your patient… 10 0