International Protection of Intellectual Property Rights



Executive Summary

The paper discuss about the International protection of Intellectual Property Rights. The development of international trade may be affected adversely when rules adopted for the protection of intellectual property rights vary widely from one country to another. In addition, laxity or inefficiency in the repression of violations those rights can boost trade of counterfeit or pirated goods and thereby harm the legitimate commercial interests of manufacturers who hold these rights or have acquired. The Agreement on Trade Related Aspects of Intellectual Property Intellectual Property Rights (TRIPS), negotiated in the Uruguay Round, states, therefore, minimum standards for the protection of human rights and the procedures and actions that can be called upon to enforce them. There is a need for establishing consultation and surveillance mechanism at International level for ensuring compliance with those standards by member countries at the national level. The World Trade Organization implemented the legal Agreement on Trade-Related Intellectual Property Rights in the 1990s. There are negative and positive aspects of such an agreement. There are undesirable consequences in terms of negative incentives for invention and production of medicines required for the majority of the world population that lives in developing countries.

Table of Content

Executive Summary2

Introduction4

Intellectual Property Right5

Protection of Intellectual Property Rights6

Wealth creation:6

Agreement on Trade-Related Intellectual Property Rights related (TRIPS) Agreement7

The Uruguay Round achieved7

General Information8

Objectives of Intellectual Property8

Reasons of Protection of Intellectual Property Rights9

Incentives, Intellectual Property Rights9

Four Types of Intellectual Property10

The Intellectual Property Rights and Their Impact on Trade International11

U.S. Patent Process11

International Dimensions13

Extending the duration of patent protection15

Limiting parallel imports of patented drugs15

Data exclusivity15

India Case Study on Trade Related Intellectual Property Rights (TRIPS)15

The Main Features of the System of Protection of Copyright16

Conclusion17

Bibliography19

International Protection of Intellectual Property Rights

Introduction

The evolution of intellectual property protection in developing countries took place in different ways. Some countries are limited to maintaining the level of protection of intellectual property rights; they inherited from the old colonial powers. It is often the case with legislation in the first decades of development. In other countries the level of protection of intellectual property rights has declined because, according to their political convictions, any form of ownership was seen as an unwanted remnant of capitalism from which it was necessary to get rid of, either because the patent protection was seen as an obstacle to rapid industrialization. All this has led to the establishment of unequal protection in different countries and some developing countries and some countries in recent industrialization did not provide at absolutely no intellectual property rights.

The TRIPS Agreement provides an opportunity for high-resolution mechanisms contentious issues existing in the WTO, with regard to intellectual property. These mechanisms include the possibility of interventions by reprisals. If, for example, in one country is a violation of the rights of the author of another country, the latter, having issue through the WTO procedures to resolve conflicts may increase the duty on imports of certain goods from the offending country into its territory.

Intellectual Property Right

Intellectual property is a legal concept that encompasses copyrights, ...