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TRIPS Agreement Tag

BananaIP Counsels > Posts tagged "TRIPS Agreement"

Moral of “3 Idiots”

This image depicts the 3 Idiots Movie Cover

  Date of First Publication: 4th January 2010   Dr. Kalyan needs to be thanked for the timely post (dated 3rd January) on the current controversy over the credits for the movie "3 Idiots". Let me take this opportunity to air a couple of observations/questions on related issues: 1. Can the author, in this instance a fairly well known and popular author Mr. Chetan Bhagat, contract away his "moral rights" specifically, and not through the mode of assignment of copyrights of the work? Nothing in our Copyright Law (Section 57 or otherwise) prevents an author from specifically agreeing not to enforce the applicable "moral...

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Paris Convention for the Protection of Industrial Property, 1883 (Revised at Stockholm in 1967)

The image depicts the WIPO headquarters in Geneva as the post is about Paris Convention for the protection of industrial property with respect to patents.Click here to read.

First Publication Date: 7th January 2008 Monopoly and related rights have always been frowned upon by the law. The Statute of Monopolies, enacted in England in the year 1623, established that monopolies are not acceptable in law, but made a glorious exception in favour of patentable inventions. Therefore, although the statute prohibited monopolies, it specifically preserved the right of the royalty to grant patents for inventions by manufacturers. In pursuance of this individual government backed incentive mechanisms that prevailed in different parts of the world over a long period of time, there began an international movement towards forming a union of countries...

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First Amendment to WTO comes into force

The featured image shows scrabble tiles arranged in a manner to read "Time for change". This post is about the amendment to the Agreement on TRIPS. To read more about this, click here.

The recent amendment to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)  is the first ever amendment to WTO accords after its founding in 1995. The amendment to the TRIPs agreement came into force on 23rd January, 2017, after 2/3rd members of WTO accepted it. The amendment facilitates supply of drugs to developing/least developed countries lacking pharmaceutical production capacity under a compulsory license. The amendment was made to address public health needs of people in poor countries with limited or no pharmaceutical manufacturing capacities. Before this amendment, compulsory license grants were permitted only to address national needs. Now,...

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National IPR Policy – Traditional Knowledge Related Objectives

The image depicts a round plate with various spices like turmeric, cumin seeds, cinnamon, fenu greek placed on it. This post relates to traditional knowledge. For more information click here.

  India approved its first ever Intellectual Property Rights (IPR) policy with a vision to stimulate creativity and innovation and to promote advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources. The policy lays out seven broad objectives and they are as follows: Awareness: outreach and promotion; Generation of IPRs; Legal and legislative framework; Administration and management; Commercialization of IPR; Enforcement and adjudication; and Human capital development. This article considers various provisions relating to traditional knowledge under the new IPR Policy. Traditional knowledge refers to the well-established long-standing practices and locally developed innovations preserved and utilized over centuries by communities. The...

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