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How Has The Trips Agreement Expanded The Scope Of Copyright

The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is an agreement of international law between all World Trade Organization (WTO) member states. It sets minimum standards for the regulation of different forms of intellectual property by national governments, as is the case for nationals of other WTO member states. [3] The TRIPS agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is managed by the WTO. This is a burning debate that will benefit India from this new regime of the World Trade Organization, because we know that almost 80% of patents and copyrights of various goods and services are held by the developed countries of the world? Article 10.2 specifies that databases and other compilations of data or other material other than them are protected by copyright, even though the databases contain data that, as such, is not protected by copyright. Databases are protected by copyright as long as they are intellectual creations because of the choice or disposition of their contents. The provision also confirms that databases must be protected in any form, in whatever form, whether computer-readable or in any other form. In addition, the provision specifies that this protection does not extend to the data or material itself and does not affect copyrights on the data or materials themselves. An agreement reached in 2003 relaxed domestic market requirements and allows developing countries to export to other countries with a public health problem as long as exported drugs are not part of a trade or industrial policy. [10] Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. Several steps have been taken to strengthen and streamline copyright enforcement.

These include the creation of an advisory council for copyright enforcement, training programs for police officers and specific policy cells for copyright infringement. The TRIPS agreement contains, in reference to the provisions of the Berne Convention on the Protection of Literary and Artistic Works (Art. 9), with the exception of moral rights. It has also incorporated, referring to the material provisions of the Paris Convention on the Protection of Industrial Property (Article 2.1). The TRIPS agreement explicitly states that software and databases are copyrighted and subject to the originality requirement (Article 10). In addition to the general security exception applicable to the entire TRIPS agreement, specific exemptions to the scope of patentability of inventions whose commercial exploitation is necessary to protect public order or morality, human, animal, plant or health life, or to avoid serious environmental damage, are permitted. In particular, the TRIPS requires WTO members to grant intellectual property rights to authors and other copyright holders as well as to neighbouring rights holders, i.e. performers, phonograms and broadcasters; Geographical indications Industrial designs; Built-in switching designs Patents New plant varieties Brands; Trade names and undisclosed or confidential information. TRIPS also defines enforcement procedures, remedies and dispute resolution procedures.

The protection and enforcement of all intellectual property rights must be consistent with the objectives that contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual benefit of producers and users of technological knowledge, and in a way that promotes social and economic well-being, and a balance of rights and obligations.

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