Geographical Indications Under Trips Agreement And Legal: Fill & Download for Free

The TRIPs (Trade Related Intellectual Property) regime has emerged as the basic framework for ensuring intellectual property rights across the world. It is not the universal Intellectual property law. But it provides a basic framework. Every member of WTO should include TRIPs provisions in their domestic intellectual property legislations.Intellectual property regime is anchored by legislations in the corresponding fields. With the establishment of WTO and the international enforcement of its various provisions; India also has made corresponding changes in the intellectual property regime.The intellectual property right regime of the country has been modified by a number of legislation since 1995. For India, the WTO’s TRIPs agreement became binding from 2005 onwards as the country has got a ten-year transition period (1995-2005) to make the domestic legislation compatible with TRIPs. Hence, existing laws were amended and fresh legislations were introduced during this period.Different amendments to the various existing Acts- Patent Amendment Act (2005), Copy right Amendment Act (2010), are made to strengthen domestic legal framework to fulfill the harmonization with the WTO’s TRIPS agreement. The following are the main legislations made to accommodate the TRIPs envisaged IPRs rights.1. Patents: Patent amendment Act 1999, 2002 and 20052. Protection of Traditional Knowledge under Patent Amendment Act 20023. Industrial Designs: the Design Act, 19994. Trademarks: A new Trademarks Act 1999 has been enacted.5. Copyrights: The Copyrights Act 1957 has been amended in 1983, 1984, 1992, 1994, 1999 and 2010. The latest amendment of 2010 became effective from 2012 onwards.6. Geographical indications: The Geographical Indications of Goods (Registration and Protection Act) 1999.7. Layout design of integrated circuits: The Semiconductor Integrated Circuit Layout Design Act, 20008. Plant Varieties: The Protection of Plant Varieties and Farmers’ Rights Act 2001.

Turmeric is a tropical herb grown in East India, and the powdered product made from the rhizomes of its flowers has several popular uses worldwide. Turmeric powder, which has a distinctive deep yellow color and bitter taste, is used as a dye, a cooking ingredient, and a litmus in a chemical test, and has medicinal uses as well. In the mid-1990s, this product became the subject of a patent dispute with important ramifications for international trade law. A U.S. patent on turmeric was awareded to the University of Mississippi Medical Center in 1995, specifically for the "use of turmeric in wound healing." This patent also granted them the exclusive right to sell and distribute turmeric.[1] Two years later, a complaint was filed by India's Council of Scientific and Industrial Research, which challenged the novelty of the University's "discovery," and the U.S. patent office investigated the validity of this patent. In India, where turmeric has been used medicinally for thousands of years, concerns grew about the economically and socially damaging impact of this legal "biopiracy." In 1997, the patent was revoked. But for two years the patent on turmeric had stood, although the process was non-novel and had in fact been traditionally practiced in India for thousands of years, as was eventually proven by ancient Sanskrit writings that documented turmeric’s extensive and varied use throughout India’s history. Many developing countries are concerned that the globalization of intellectual property rights under the WTO's TRIPs agreement, and the negative consequences it has for traditional indigenous knowledge and biodiversity.Short of dismantling TRIPs, however, one possible solution to the problem of biopiracy in certain cases like turmeric would be for countries to claim protection for indigenous products and processes as geographic indications. GIs are defined in the TRIPS agreement as "indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographic origin." India and other developing countries are already constructing databases of indigenous knowledge to guard against biopiracy. Indigenous products and processes identified in these databases could be further protected if the case for geographic indication could be made. For these, not only would biopiracy be prevented, but developing countries could start profiting from the export of such knowledge and products.TED Case Study: Turmeric

IPR refers to Intellectual Property Rights.The importance of intellectual property in India is well established at all levels- statutory, administrative and judicial. India ratified the agreement establishing the World Trade Organisation (WTO). This Agreement, inter-alia, contains an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which came into force from 1st January 1995. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade. The obligations under the TRIPS Agreement relate to provision of minimum standard of protection within the member countries legal systems and practices.The Agreement provides for norms and standards in respect of following areas of intellectual propertyPatentsTrade MarksCopyrightsGeographical IndicationsIndustrial DesignsPatentsThe basic obligation in the area of patents is that, invention in all branches of technology whether products or processes shall be patentable if they meet the three tests of being new involving an inventive step and being capable of industrial application. In addition to the general security exemption which applied to the entire TRIPS Agreement, specific exclusions are permissible from the scope of patentability of inventions, the prevention of whose commercial exploitation is necessary to protect public order or morality, human, animal, plant life or health or to avoid serious prejudice to the environment. Further, members may also exclude from patentability of diagnostic, therapeutic and surgical methods of the treatment of human and animals and plants and animal other than micro-organisms and essentially biological processes for the production of plants and animals.The TRIPS Agreement provides for a minimum term of protection of 20 years counted from the date of filing.India had already implemented its obligations under Articles 70.8 and 70.9 of TRIP Agreement.To view Trade Related Aspects of Intellectual Property Rights (TRIP) Agreement Click hereActs related to PatentsThe Patents Act, 1970The Patents (amendment) Act, 1999The Patents (amendment) Act, 2002The Patents (amendment) Act, 2005Rules pertaining to PatentsThe Patents Rules 2003The Patents (Amendment) Rules 2005The Patents (Amendment) Rules 2006Trade MarksTrade marks have been defined as any sign, or any combination of signs capable of distinguishing the goods or services of one undertaking from those of other undertakings. Such distinguishing marks constitute protectable subject matter under the provisions of the TRIPS Agreement. The Agreement provides that initial registration and each renewal of registration shall be for a term of not less than 7 years and the registration shall be renewable indefinitely. Compulsory licensing of trade marks is not permitted.Keeping in view the changes in trade and commercial practices, globalisation of trade, need for simplification and harmonisation of trade marks registration systems etc., a comprehensive review of the Trade and Merchandise Marks Act, 1958 was made and a Bill to repeal and replace the 1958 Act has since been passed by Parliament and notified in the Gazette on 30.12.1999. This Act not only makes Trade Marks Law, TRIPS compatibility but also harmonises it with international systems and practices. Work is underway to bring the law into force. more...Trade Marks ActsTrade Marks Act, 1999New Elements in the Trade Marks Act, 1999CopyrightsIndia’s copyright law, laid down in the Indian Copyright Act, 1957 as amended by Copyright (Amendment) Act, 1999, fully reflects the Berne Convention on Copyrights, to which India is a party. Additionally, India is party to the Geneva Convention for the Protection of rights of Producers of Phonograms and to the Universal Copyright Convention. India is also an active member of the World Intellectual Property Organisation (WIPO), Geneva and UNESCO.The copyright law has been amended periodically to keep pace with changing requirements. The recent amendment to the copyright law, which came into force in May 1995, has ushered in comprehensive changes and brought the copyright law in line with the developments in satellite broadcasting, computer software and digital technology. The amended law has made provisions for the first time, to protect performer’s rights as envisaged in the Rome ConventionSeveral measures have been adopted to strengthen and streamline the enforcement of copyrights. These include the setting up of a Copyright Enforcement Advisory Council, training programs for enforcement officers and setting up special policy cells to deal with cases relating to infringement of copyrights. more....Rules and Acts related to CopyrightsThe Copyright (Amendment) Act, 2012Copyright, Act 1957Copyright Rules, 1958Copyright HandbookInternational Copyright Order, 1999Copyright Piracy in IndiaAmendments in the ActGeographical IndicationsThe agreement contains a general obligation that parties shall provide the legal means for interested parties to prevent the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the goo. There is no obligation under the Agreement to protect geographical indications which are not protected in their country or origin or which have fall en into disuse in that country.A new law for the protection of geographical indications, viz. the Geographical Indications of Goods (Registration and the Protection) Act, 1999 has also been passed by the Parliament and notified on 30.12.1999 and the rules made there under notified on 8-3-2002.Industrial DesignsIndustrial designs refer to creative activity which result in the ornamental or formal appearance of a product and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs are an element of intellectual property. Under the TRIPS Agreement, minimum standards of protection of industrial designs have been provided for. As a developing country, India has already amended its national legislation to provide for these minimal standards.The essential purpose of design law it to promote and protect the design element of industrial production. It is also intended to promote innovative activity in the field of industries. The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments. India has also achieved a mature status in the field of industrial designs and in view of globalization of the economy, the present legislation is aligned with the changed technical and commercial scenario and made to conform to international trends in design administration.This replacement Act is also aimed to inact a more detailed classification of design to conform to the international system and to take care of the proliferation of design related activities in various fields.Obligations envisaged in respect of industrial designs are that independently created designs that are new or original shall be protected. Individual governments have been given the option to exclude from protection, designs dictated by technical or functional considerations, as against aesthetic consideration which constitutes the coverage of industrial designs. The right accruing to the right holder is the right to prevent third parties not having his consent from making, selling or importing articles being or embodying a design, which is a copy or substantially a copy of the protected design when such acts are undertaken for commercial purposes. The duration of protection is to be not less than 10 years.