The Anthology in TRIPS

A comprehensive Agreement with the most recent amendments + anthology of different pre-existing IP Treaties / Conventions viz. ICIT (For Integrated Circuit (IC) Design Layout), BERNE (For Copyrights i.e. Literary / Artistic Works), PARIS (For Industrial IP alike PAT/TM/Designs), ROME (For Performance, Broadcasting, Phonograms); constitute TRIPS Agreement. 

 

Remember, recently when amidst Covid Biowarfare, the waiver of certain provisions as mentioned as followed but not restricted to Section 1, 5, 7 of Part II & Part III in TRIPS Agreement, were requested, to contain Covid, but later countered by lobbyists (this is where I’ve concerns) & was sent in limbo? These Sections included waiving: Enforcement of IP Rights by Members (which is their obligation to implement), Scope & Rights of Patents, Copyrights, Protection of Undisclosed Information. Formal implementations alike Article 30-31 that defines pre-requisites of Compulsory Licences etc., take years for implementation (which I’ve already explained in earlier blogs) & containing Biowarfare was the need of this hour. In my earlier blogs, I also elucidated as why albeit the waiver was/is indispensable, there were other immediate options available to address the situation, alas, which weren’t followed.

 

So, what’s TRIPS exactly? It defines certain IP Principles, Procedures & Protocols to be implemented by Member Nations. Whilst WIPO is the one who administers, promote the same & to certain extent acts as intermediary at the global level. The TRIPS Agreement sets some standards that must be followed by the Members in terms of protecting, enforcing IP Rights at their local level, where they’re free to expand & frame the definition, but being within the scope of this Agreement only. 

 

Again, as long as there’re No Strings Attached, that would circumvent concerns, such default principles, policies w.r.t.IP eases implementation, globally.🙂

© Pranav Chaturvedi