Trade related aspect of intellectual property rights

What is WTO norms ?
Trade related aspect of intellectual property rights
These rights are granted under WTO norms. They protect intellectual properties. These properties are products of the human mind, which are new, novel, and non- obvious and have commercial utility.

The TRIPs laws cover the followings:-
1. Patent
2. Copyright
3. Trademark
4. Trade secret
5. Geographical indication
Patent 
It is a right provided to the inventor of a technology, chemical, medicine or any other product which is nonobvious, completely new and has a commercial utility. For example: - Microchips. Patent right is granted for 20 years. During these 20 years, no other individual or company can produce or sell the same product without any prior permission of the patent holder. Prior to 2005 India only provided process patent and not product patent. It means that India provided patent to only the process by which the product was produced. Since on the final product, no patent right was guaranteed, any other company could produce the same product However, under WTO norms, after 2005 all the member countries had to provide product patent.
Hence, accordingly since 2005, even India provides product patent. However, the Indian laws do not allow evergreening i.e. a patented product is slightly modified by the patent holder and the exclusive right of product is again renewed after its expiry. Developed countries argue that patent rights are important for promoting R&D. It helps the patent holder to recover the cost of R&D.
However, the developing and underdeveloped countries feel that they are an instrument for creating a monopoly over newly invented products. It is just for the purpose of maximizing the profit of such  companies which mainly belong to western countries. Hence, India has the provision of Compulsory Licencing as well.

 Copyright 
These rights are also granted under the TRIPs agreement. However, such rights are provided over
written and published materials such as books, poems, software, lyrics, etc. Such copyright protected published material cannot be republished by any other individual or company without the permission of copyright holders.
The rights are granted for a lifetime. After the death of the copyright holder, it may remain with
the successor for another 60 years.

 Trademark
It is a logo or a symbol that becomes the identity of a company. That logo or the symbol can be
commercially used by the company only. It is granted for a lifetime but has to be renewed after
every 10 years.

Trade Secret
A company or a business entity can use certain secrets or private methods to enhance its business. If it is not obvious and new then it can also be protected under the TRIPs laws.

 Geographical Indication ?
These products have distinct quality, not because of innovation but because of local factors such as soil, climatic condition or even skill of local workers. On such products, patent rights cannot be granted.
They are identifiable with geographical area and on the packaging of such products Geographical Indications Tag along with the name of the place are printed. It includes products such as Basmati Rice, French Wine, Darjeeling Tea, Tirupati Ladoo, Kolhapuri Chappal.

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