TRIPS AGREEMENT

• The TRIPS Agreement is the most comprehensive multilateral agreement on intellectual property rights (IPRs). 
• It was negotiated during the Uruguay Round (1986–1994) of the General Agreement on Tariffs and Trade (GATT) and became a core part of the World Trade Organization (WTO) framework.
  • Came into force: 1 January 1995
  • Part of: The Marrakesh Agreement, which established the WTO
  • Binding on all WTO members

Objectives of TRIPS:

• Standardize IPR rules across all WTO members
• Promote innovation, creativity, and transfer of technology
• Provide adequate protection of intellectual property
• Ensure that IPR enforcement does not hinder international trade
• Allow flexibilities for public interest, especially in health and food security

What Are Intellectual Property Rights (IPRs)?

• IPRs are legal rights granted to inventors, authors, and creators to protect their creations. 
• These rights give the creator exclusive control over the use of their work for a specified period.

Types of IPRs Covered Under TRIPS:

Key Provisions of the TRIPS Agreement

Minimum Standards of Protection:

• Each member must provide minimum levels of protection for each category of IPRs.
• Based on pre-existing conventions: Paris Convention (for Industrial Property) and Berne Convention (for Literary and Artistic Works).

Enforcement Mechanism:

• Members must establish civil, criminal, and border procedures for effective enforcement of IPRs.

Dispute Resolution:

• Disputes under TRIPS are resolved via the WTO's Dispute Settlement Body (DSB).

Council for TRIPS:

• A forum within WTO where members discuss implementation, review, and enforcement of TRIPS provisions.

Compulsory Licensing (A Major Flexibility)

• Under Article 31 of TRIPS, countries can issue a compulsory license, which allows third parties to produce a patented product or process without the consent of the patent owner under specific conditions:
• Conditions:
  • National emergency or extreme urgency
  • Public health crisis
  • Anti-competitive practices
  • India issued a compulsory license for Nexavar (cancer drug) in 2012, making it 97% cheaper.

India and the TRIPS Agreement

• India joined WTO in 1995 and became bound by the TRIPS Agreement.
• To comply:
  • The Indian Patents Act, 1970 was amended in 1999, 2002, and 2005.
  • The 2005 amendment was crucial: it introduced product patents in pharmaceuticals, food, and chemicals.

Doha Declaration on TRIPS and Public Health (2001)

This declaration clarified that:

• TRIPS should not prevent members from taking measures to protect public health.
• Members have the right to:
  • Use compulsory licenses
  • Import/export generic medicines
  • Set their own rules for exhaustion of rights
• This was especially crucial for developing and least-developed countries, allowing them to combat HIV/AIDS, tuberculosis, and malaria using generic drugs.

Criticisms of TRIPS: