1. TRIPS
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2.  The TRIPS agreement is an important as that of
trade in goods(GATT) and trade in services(GATS).
 The main objectives is providing protection to the
holder of the intellectual property right, which
can be claimed by an individual, company or
even people of a geographical region.
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3.  The right over intellectual property can be called
a “MONOPOLY RIGHT” conferred on the
inventor, creator, user or region.
 The right recognized as “legal property”, however,
can be claimed for fixed pre-determined periods
of time except trademark and geographical
indication of origin where protection is offered in
perpetuity.
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4. Such protection was earlier given to goods and services
under what are called “great conventions”.
 The PARIS CONVENTION related to patents
 The BERNE CONVENTION related to copyrights
 The ROME CONVENTIONS to the field of performing arts
 The WASHINGTON TREATY on integrated chips.
WIPO has simultaneous responsibilities for the Paris and Berne
convention.
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5. TRIPS
TRADEMARKS
PATENTS DESIGNS
LAYOUT OF
INTEGRATED
CHIPS
TRADE
SECRETS
COPYRIGHTS
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6. PATENTS are given to inventions that are:-
A patent is valid for 20 years from the date of filling of the
patents.
NEW
NON-OBVIOUS
SHOULD HAVE
INDUSTRIAL
APPLICATION
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7.  An invention which is frivolous or which claims
anything obviously contrary to well established
natural laws.
 An inventions, the primary or indented use of
which would be contrary to law or morality or
injurious to public health.
 The more discovery of a scientific principles
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8.  The mere discovery of any new property or new
use for a known substances.
 A substances produced by a mere admixture
resulting only in aggregations of properties.
 Mere arrangement and rearrangement of known
devices.
 A method of agriculture or horticulture.
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9. CAN
BIOLOGICAL
INVENTIONS
COMPUTER
HARDWARE
SOFTWARES
COSMETICS
FOOD
INVENTIONS
MACHINES
MEDICINES
MUSICAL
INSTRUMENTS
CANNOT
ORDER PUBLIC
DIAGNOSTIC
METHODS
THERAPEUTIC
METHODS
SURGICAL
METHODS
PLANT AND ANIMALS
OTHER THAN
MICRO-ORGANISMS
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10.  Compulsory licensing and government use
without the authorization of the rights holder are
allowed but are made subject to conditions aimed
at protecting the legitimate interest of the right
holder.
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11. www.StudsPlanet.com

12.  When patents are called “monopoly rights”,
copyrights can be termed as a ‘negative right’. That
is, a copyright prohibits person from reproducing or
copying any “literary, dramatic, musical works”
without the consent of the owner who has the
copyright over that work.
 This protection also applies to cinematograph films,
sound recordings and now, computer programmes.
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13.  The TRIPS agreement mentions that “copyright
protection shall extend to expressions, and not
to ideas, procedures and method of operations
or mathematical concepts as such”.
 Just as “commercial use or utilities” is an
important precondition for the granting of a
patents, ideas should have crystallized as
expression or artistic forms for the granting of
a patents.
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14. LITERARY WORK
DRAMATIC WORK
ARTISTIC WORK
C
O
P
Y
R
I
G
H
T
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15.  The terms of protections for films, sound
recordings, and photographs is 60 years from the
publishing date.
 The terms of protection as stipulated by the TRIPS
agreement for literacy, dramatic, musical works is
LIFETIME of the person ‘PLUS 50 years
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16.  The owner of the copyright can:-
Reproduce the work in any
material from including those
electonic
Perform the work in public or
communicate it to the public
Translate or make any adaption
of the work
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18.  A trademark is a visual symbols in the form of a word,
device, name, letter or numeral, brand, heading,
signature or label or any combination involved in
offering the product. The company can be one
involved in manufacturing goods or offering services.
 A trademarks or a service mark enables a person to
make a distinction between products and suppliers.
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19.  Where signs are not inherently capable of distinguishing the
relevant goods or services, members may make registrability depend
on distinctiveness acquired through use. Members may require as a
condition of registration, that sign be visually perceptible.
 Members may make registrability depend on use. However, actual
use of a trademarks shall not be a condition for filling an
application for registration.
 The nature of the goods or services to which a trademark is to be
applied shall in no case form an obstacle to registration of the
trademark.
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20.  Members shall publish each trademark either
before it is registered or promptly after it is
registered and shall afford a reasonable
opportunity for petitions to cancel the
registration. In addition, members may afford
an opportunity for the registration of
trademark to be opposed
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21.  ARTICLE 18 on “ terms of protection” indicates that:-
 The term of protection for a trademark shall be for a term
of not less than seven years. The registration of a
trademark shall be renewable indefinitely.
 ARTICLE 19 an “ requirement of use” stipulates
that:-
 If use is required to maintain a registration may be
cancelled only after an uninterrupted period of at least
3 years of non-use, unless the owner of the trademark
shows valid reasons for non- usage. The article also
goes on to mention than the use of a trademark by a
person than the owner can be considered as use of the
trademark for the purpose of maintaining the
registration.
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22.  The registration is for 10 years and can be
renewed indefinitely subject to the provision of
the act.
 The registration confers upon the registered user
the exclusive right over the use of the
geographical indication in relation to the goods
that has been registered.
 Though the right does not extends to licensing or
pledging, it devolves on the legal successo.r on the
death of an authorized user
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23.  The Indian act recognizes an infringement when
attempt is made to mislead persons by indicating
that a good has originated from a particular area
or region though it is not really so,
 for example, mentioning a tea grown outside West-
Bengal, India as Darjeeling Tea.
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