PRESENTATION ON

TRIPS & TRIMS:

Group Members:
019
Bilal Maqbool
Shahryar Ahmad 020
000
Habib Hassan
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INTELLECTUAL PROPERTY RIGHTS

Intellectual property (IP) is a term referring to a
number of distinct types of creations of the mind

Under IPR, owners are granted certain exclusive

rights to a variety of intangible assets, such as
musical, literary, and artistic works; discoveries and
inventions; and words, phrases, symbols, and
designs.

For a certain period of time

Monitored by World Intellectual Property
Organization (WIPO), Switzerland.

WHY WEE NEED THIS SYSTEM

The need for a system arose when foreign exhibitors refused to
attend an International Exhibition of Inventions in Vienna in 1873
because they were afraid that their ideas would be stolen and will
be emulated in other countries

Divided into two main areas

1. Copy rights
2. Industrial Property
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COPYRIGHTS AND INDUSTRIAL PROPERTY

Copyrights
Rights of authors of literary and artistic work
Main purpose to encourage creative work

Industrial Property
Protection of distinctive signs e.g. trade marks, geographical indications,
patents and trade secrets.

To stimulate fair competition & Protect consumers.

Social Purpose is to increase investment in new technology.
There must be a Balance between interest of right holders and users.

TRIPS
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Trade related aspects of intellectual property

Negotiated in the 1986-94 Uruguay Round

TRIPS is a World Trade Organization (WTO) agreement designed by
developed countries to enforce a global minimum standard of Intellectual
Property Rights.

Origin : into rules based trade system

Ideas and knowledge are important part of trade
High technology products like medicines
Films, books, computer softwares deal with information not with plastic or
metal they contain.

Low technological products also have design and inventions in them

 Creators can prevent others to use their invention

Creators can get payment in return
There are three main types of intellectual property rights in trade
1. Copyrights (books, paintings, films etc)
2. Patents (inventions)
3. Trade marks (brand names & Logos

Objectives of WTO & TRIPS

agreement
to bring the world on common international rules
establishes minimum levels of protection for the fellow WTO members
Balance between long term benefits and short term costs to the society
Government can reduce short term cost through exceptions
It creates favorable economic relations among countriesa
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Agreement covers five issues

1. How to apply basic principles of the trading system and
other Intellectual property agreements

2. How to give adequate protection to intellectual property

rights

3. How countries should enforce these rights in their

countries

4. How to settle disputes on intellectual property between

members of WTO

5. Special Transitional arrangements during the period

when new system is introduced

BASIC PRINCIPLES
1.National Treatment
Treating ones own nation and foreigners equally

2. Most Favored Nation Treatment

Equal treatment for the nationals of all members of WTO

3.

Balanced Protection

Both producer and users should benefit and economic and social welfare should be enhanced
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TYPES OF INTELLECTUAL PROPERTY

1.
2.
3.
4.
5.
6.
7.

Copyrighting and related rights

Trademarks
Geographical Indications
Industrial Designs
Patents
Layout-designs(topographies) of integrated circuits
Undisclosed information, including trade secrets
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COPYRIGHTS
It includes authors of literary and artistic work
For example books, musical compositions, painting, computer
programs, films etc.

Computer programmers' are protected under Berne Convention

Producers of sound recording have right to prohibit commercial rental
of their work to public

Minimum period of 50 years after the death of author

Neighboring rights e.g. rights of performers like singers, actors etc
Performers have right to prevent unauthorized recording, reproduction
and broadcasting of live performances
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TRADEMARKS
Trademarks are the distinctive brand names and logos
Well known marks in particular country enjoy additional
protection

Service marks should also be given same protection as trade

marks

Service mark of McDonalds is Restaurant services.

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GEOGRAPHICAL INDICATIONS
Indentify that characteristics of the good are attributed to its
geographical origin

This protection is usually done for wines and spirits e.g. Scotch
Using the place name when product is made somewhere else can
mislead the consumers

TRIPS agreement prevents this misuse of place names

Sometimes name is protected as trademark or it becomes a generic
term e.g. Cheddar cheese
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INDUSTRIAL DESIGNS
Industrial designs are the aesthetic aspects of an article
It Includes pattern, lines, colors and shapes of an article
TRIPS agreement says industrial designs must be protected for at
least 10 years

Owner can prevent the sale, manufacture or importation of article

bearing the design that is the copy of protected design

Samsung local unit in New Dehli filed a case against Whirlpool for
copying the designs of its washing machines, air conditioners etc
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PATENTS
Patents are usually given for new inventions
Patents are given for at least 20 years
Patents protection is given for both products and processes e.g. medicines, Coca cola
secret formula

Plant varieties are patented under UPOV

( International union for the protection of new varieties of plants)
If owner is failed to supply product in market then government can allow competitor
to make that product

Patent case between Amazon.com and Barnes & Nobel in 1999 for 1 click technology
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Integrated Circuit Layout designs:

The basis for protecting IC is Washington treaty, which comes under

WTO.

This was adopted in 1989.

TRIPs agreement adds number of provisions like for at least 10 years.
Undisclosed Information and Trade secrets:

Trade secrets having commercial value must be protected against

breach of confidence.

Reasonable steps have been taken.

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Curbing anti-competitive licensing contracts:

The owner of a copy right can issue a license for someone else to
produce or copy.

Terms of contracts could restrict competition or technology transfer.

Govt. have the right to take action to prevent anti-competitive
licensing.
Enforcement:

Intellectual property rights can be enforced under laws.

Penalties for infringement and violations.
Procedures must be fair and equitable.

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Technology Transfer:

The transfer of technology from the developed country to the least

develop country to boost their economies.

Govt. should provide incentives to these companies.

Transition Agreements:
WTO agreement took effect on 1
Jan 1995:

Developed countries (1 year)

Developing countries (5 years)
Least developing countries (11 years).

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 If developing country did not provide patent protection, it had 10 years

to introduce protection (in area of technology).

For pharmaceutical and agri. Chemical products, country had to file the
patent application from the beginning.

TRIPS and public health:

To implement TRIPS agreement in way to support public health.

How to help poorer countries to have access to cheaper generics
medicines made under licensing.

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Declarations on the TRIPS agreement:

Recognize the gravity of public health problems.

Recognize that intellectual property protection is important for the

development of new medicines.

Agreement should not prevent members from taking measures to

protect public health.

Recognize that members with insufficient or no manufacturing

capacities could face difficulties.

Reaffirm the commitment to provide incentives on technology

transfer.

Stressed on TRIPS agreement to be a part of national and

international action.

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DOHA mandate:

On implementation- related issues.

Four possibilities:
1. Banning non-violations complaints
2. Allowing the complaints to be handled under WTO dispute
settlement rules.

3.

Allowing non-violation complaints but subject to special

modalities.

4.

Extending the moratorium.

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Disputes:

Involves charges if country has violated or broken a commitment.

But in some situations, Govt. can go to the dispute settlement body
when an agreement has not been violated.

Non- violation complaints are possible for goods and services.

If non-violation complaints are allowed then upto what extent and
how.

2 countries say non-violation cases should be allowed (US and

Switzerland).
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EMERGING ISSUES IN INTELLECTUAL

PROPERTY
INTELLECTUAL PROPERTY:
To which one has rights and may apply for patient,
copyright and trademark (intangible property).

WIPO: (1967)
(World intellectual property organization)
It promotes the protection of intellectual property through the world.
It also encourages creativity.
WIPO currently have 188 members states.
WIPO NET

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EMERGING ISSUES:

TRADITIONAL KNOWLEDGE
knowledge that has ancient roots and is often oral - is not protected by
conventional intellectual property systems.

Tk database( defensive protection)

PLANTS ANDANIMALS:
TRIPS Art.27.3(b) deals with patentability or non-patentability of plant
and animal inventions, and the protection of plant varieties.
TECHNOLOGY TRANSFER.
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FROM SCRIPT TO SCREEEN

(THE ROLE OF IP):
the long list of credits at the end of a movie to get a hint of the army of
people involved in making it.

A script can be a new work, or based on an existing work, such as a

novel, a play or a comic book.
the movie could be an adaptation of an existing work or he can hire
script writer.
there are many rights such as publication rights, stage rights, radio
rights, rights to characters
Securing funds to produce a film( directors also receive royalties).
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 Protecting actors' rights

Distribution deals
A producer may be dealing with an integrated company that
can release the film in local cinemas, in VCD or DVD formats,
or license it to local TV stations or sell it to foreigner buyers
at film festivals

film-makers often purchase errors and omissions (E&O)

insurance

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TRADEMARKS AND MERCHANDIZING

A movie title can also be protected as a trademark, e.g.Star Wars.
as well as key characters and film elements such asJames Bond,
007, Harry Potterandthe Simpsons.

For registering these films elements licensing and merchandizing

agreements can help.

Mickey Mouse was registered as a trademark back in 1928.

Star Warsis another remarkable example of movie merchandizing .
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PRODUCT PLACEMENT:
The earliest example of product placement dates from the
movieWingsin 1929, which featured Hersheys
chocolate.

In deal with Heineken - reported to be worth an estimated

US$45 million - the producers of the latest Bond
movie,Skyfall(2010) covered almost one-third of the
films production costs.

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TECHNICAL INNOVATION
Spanish film director Segundo de Chomn is believed to have
been the first person to put a camera on wheels back in
1907.

Toy Story, in 1995; and in 2009Slumdog

Millionairebecame the first film shot mostly in digital to
win the Academy Award for Best Cinematography.

James Camerons Avatar broke new ground; filmed in

stereoscopic 3D and CGI imagery using revolutionary new
motion-capture techniques.

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TRIMS

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TRIMS:
Measures adopted by government to attract and
regulate foreign investment. Such as fiscal incentives,
tax rebates and provision of land and other
services on preferential terms.
TRIMS AGREEMENT:
IT came in to effect on 1 jan, 1995 as part of Uruguay Round
Negotiations.
It violates Article III and Article XI.
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ILLUSTRATIVE LIST OF TRIMS:

1. local content requirements.
2. trade balancing requirements.
3. foreign exchange balancing requirements.
4. exchange restrictions.
5. Domestic sales requirements.
6. Manufacturing requirements.
7. Export performance requirements.
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8. Product mandating requirements.

9. Manufacturing limitations.
10. Technology transfer requirements.
11. Licensing requirements.
12. Local equity requirements

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TERMS ELIMINATION AND TRANSITION

PERIODS:
Under agreement member states were given 90 days to notify
WTO of any existing trims.

43 notifications were by 24 developing countries.

TRANSTION PERIOD means the time they were given during which
their notified TRIMS were to be eliminated.

2 y= developed countries.
5 y = developing countries.
7y= least developed countries.
EXTENSION REQUEST NEGOTIATION: SUBMIT REQUEST TO CTG.

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TRIMS EXTENSION REQUESTS BY

COUNTRIES:
Argentina:
Exemption for Automotive Industry

Chile:
Exemption for custom duties on exports

Colombia:
Reduce custom duties on imported components for making
final products.

Malaysia:
policies regarding motor vehicles

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 Mexico:
Reduce custom duties on import of raw material

Thailand:
Meet local requirement of Milk & Dairy products

Waiver Article IX-Procedure:

To request for waive, waiver has to submit a request to
conference.

Ministerial

Ministerial conference should consider 90 days for that request.

Then decision is taken by Ministry.

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AGREEMENT ON TRADE- RELATED

INVESTMENT MEASURES:

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IMPACT IN PAKISTAN:

Pakistan should adopt more liberal trade in textiles.

Their cotton is best in the world and should export
more in the world.

They should try to use latest technology to increase

their production.

We should move towards high value

Products to gain free trade for textiles.
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 Pakistan should also increase its rice exports.

It will gain more by opening its markets in Japan and South Korea.
As the world will not wait for developing countries like Pakistan to
improve their technology.

Instead of making normal good for local Pakistan should make high
quality good for export.

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