Page 165 - DMGT545_INTERNATIONAL_BUSINESS
P. 165
International Business
notes 8.1.7 trade-related aspects of intellectual Property rights (triPs) agreement
The main objective is to provide protection to the holder of the intellectual property right, which
can be claimed by an individual, company or even people of a geographical region.
This right over an intellectual property can be called a ‘monopoly right’ conferred on the inventor
(patent on an industrial product), creator (copyright over a literary work) or user (trademark of
a business establishment) or regions (Geographical Indicators of Origin). This right, recognised
as “legal property”, however, can be claimed for fixed pre-determined periods of time except
Trademarks and Geographical indications of Origin where protection is offered in perpetuity.
TRIPS coverage: The agreement encompasses the following areas:
l z Patents: Patents are given inventions that are-new (or Novel), non–obvious, should have
industrial application (commercial use).
z Term of a patent: A parent is valid for 20 years from the date of filing of the patent.
z Inventions that can be patented: Biological inventions, computer hardware and
peripherals, computer software, cosmetics, food inventions, machines, mechanical
inventions, medical accessories and devices, medicines, musical instruments etc.
z Inventions that cannot be patented: Order public or morality; Diagnostic, therapeutic
and surgical methods; plants and animals other than micro-organisms.
z Compulsory Licensing: Compulsory licensing and government use without the
authorisation of the right holder are allowed but are made subject to conditions
aimed at protecting the legitimate interests of the right holder.
z Scope and Duration: The scope and duration of such use without the authorisation of
the right holder must be limited to the purpose for which it is authorised.
z Non-exclusive Licenses
z Indian Patents Act: The salient features are:
z Terms of every patent are 20 years from the date of filing.
z A new definition of ‘invention’ meaning a new product or process involving
inventive step and capable of industrial application has been incorporated.
z A method or process of testing during the process of manufacture will be
patentable.
z Process in case of plants, are now patentable while a process for diagnostic
and therapeutic use has now been considered as non-patentable. Every patent
(except in which a secrecy direction is given) will now be published just after 18
months from the date of filing/priority and will be open for public on payment.
As such, the filing intimation being published in the Gazette immediately after
filing has been stopped.
z Provision for filing request for examination by any other interested person
(other than applicant) also has been introduced.
z Provision for the withdrawal of application by applicant any time before grant
has been introduced.
z Time for putting the application in order for acceptance has now been from
15/18 months to 12 months.
z Grounds for opposition as well as revocation have been enlarged by adding
the following grounds (i) Non-disclosure or wrongly mentioning the source of
160 lovely Professional university
