Legal Llama

  Trade-Related Aspects of Intellectual Property Rights (TRIPS) The Uruguay Round of multilateral trade negotiations held in the framework of the General Agreement on Tariffs and Trade (“GATT”) was concluded on December 15, 1993.The agreement which established the World Trade Organization (“WTO Agreement”), was enforced on April 15, 1994, in Marrakech. For the first time the negotiations included within the GATT, discussions on aspects of intellectual property rights of international trade. The result of those negotiations, given in an Annexure of WTO Agreement was the agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”). The WTO Agreement, including the TRIPS Agreement (which is binding on all WTO Members), enforced on January 1, 1995. A new organization was established by the former agreement known as the World Trade Organization, which came into force from January 1, 1995. Member States of WTO were granted a specific period of time after...

                                     Theories of Intellectual Property Rights Intellectual property is a broad set of  intangible assets  and it is entitled to be protected with the view that certain products of human intellect should be provided with the same protective rights that apply to physical property or  tangible assets . Intellectual property rights refer to the general term for the assignment of property rights through patents, copyrights and trademarks etc. for a limited period. To understand the value and importance of IPR, we should know the theories behind its origin and the same are discussed below. 1.       The Natural Rights Theory The main justification behind this theory is that everyone has a right to consider his/ her ideas as natural property right by the reason that the creation originates from the effort, originality...

INTERNATIONAL CONVENTIONS RELATED TO IPR World Intellectual Property Organization About WIPO The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations with 193 member states. The mission of WIPO is to develop a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva & Switzerland. The Director General is Daren Tang . What does WIPO do? WIPO cooperates with intellectual property (IP) offices, users and other stakeholders to develop shared IP tools, services, standards, databases and platforms. This technical infrastructure i...

  HUMAN RIGHTS AND INTELLECTUAL PROPERTY RIGHTS   Introduction   There are two major approaches to the Human Rights – Intellectual Property Rights regime. The first approach reconciles the relationship between the two spheres as in conflict. This approach appears in the united Nations Human Rights system in the 2000 resolution which states that, “actual or potential conflicts exists between the implementation of TRIPS Agreement and realization of economic, social and cultural rights.” This framing sees strong intellectual property protection as undermining – and therefore as incompatible with – a broad spectrum of human rights obligations, especially in the area of economic, social, and cultural rights. The “conflict” view argues that IP rights are not fundamental human rights but instrumental legal tools to further social and economic purposes. However, the so-called conflict view might arguably be more accurately described as the “primacy of human rights” view o...

  OFFENCES AND PENALTIES UNDER THE TRADEMARKS ACT, 1999 Section 114   •        specifies the offences committed by companies under the act. If a company creates a trademark that is closely similar to the same, of another company, and it creates confusion among consumers, if not prove their innocence or their unawareness, they will be deemed to be guilty of Trademark Infringement and are liable to be penalised accordingly.  Penalties for Trademark Infringement:- Section 103:  If a person is found to falsify any pre-existing trademarks or trade descriptions and applies to their own goods or services, they are to be punished with imprisonment for a term of six months to three years, along with a fine of fifty thousand rupees to two lakh rupees. Section 104:  The same punishment mentioned right above would be awarded to a person if he is found to sell, hire goods or services to which false ...