INTERNATIONAL REGIME OF INTELLECTUAL PROPERTY LAWS IN RELATION TO TRADE

Updated: Oct 7

Authored By:

Saumya Srivastava(Research Intern)


ABSTRACT

Humanity is being mounted with everyday innovations and technological advancements. This is leading to an extensive trade ecosystem which is ultimately fostering the businesses of the Nations imparting a great deal of competition amongst each other. There had been the existence of an extensive discussion with respect to expanded acknowledgement of Intellectual Property Rights all around the globe which has not been completely coordinated by experimental examination in regards with the impact of such worldwide acknowledgement of IPRs in the algorithm of trade as exists in its norm. This paper is anything but an investigation of IPs essentially, rather it is of trade-related IPRs. As will get apparent from the paper, the limit between what is an "unadulterated" IPR issue and what essentially is more focused on trade and related IPR laws.

This paper is systemic, logical and rigorous research over the background of IPRs and its relation with the ever-growing trade policies of the countries all around the globe. Blending it with an eye on the various conventions, dialogues and meetings held in this regard through the time and their relevance in the present system of export and import. This will also provide an analysis of the widely acclaimed TRIPS agreement which is majorly to prevent infringement with the rights of the IPR owners. Through this research paper, the author will hereby try to conclude the fact that this is high time to inculcate high awareness amongst the traders that the best benefit to their trade is by interconnecting it with the vast IPR policies and fill each lacuna for a stronger world economy.

RESEARCH METHODOLOGY

The exploration strategy for this research paper is a deliberate arranging of the auxiliary sources accessible. Optional sources alluded to for this paper incorporate books, journals, sites and other important articles accessible on the web. It began from a general perusing of the concept of IPR and its intricate details. Proceeded with the extravagance of international trade clubbed with implications of IPR laws working on it. With an all-encompassing methodology this paper is finished with study, assessment and investigation dependent on different writings, legitimate legal sources and official websites. The structure of this paper is isolated into headings, subheadings and for better understanding, it has visual cues.

CONTENTS

1. Introduction

2. The nexus between IPR and Trade

· Are trade and IP laws inseparable?

· The reasons for the fusion of IPR with trade.

3. Scope of IPR laws for protection of trade-related IPs.

4. Trade-related policies of international regime of intellectual property laws

· The Paris Convention on the Protection of Industrial Property

· The Berne Convention for the Protection of Literary and Artistic Works

· The Madrid Agreement Concerning the International Registration of Marks

· The BureauxInternationauxRéunis pour la Protection de la PropriétéIntellectuelle (BIRPI)

· World Intellectual Property Organization (WIPO)

· TRIPS Agreement

5. Why does TRIPS stand as the most crucial agreement in the arena of cross border trade and IPR?

6. Distinctive Details of IP, International IP Regimes and their Interconnectedness with Trade.

7. Conclusion(with a note to India’s stand with International IP regimes)

INTRODUCTION

“Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.[1]” (WIP20) Intellectual property was first perceived in the Paris Convention for the Insurance of Industrial Property (1883) and followed by the Berne Convention for the Protection of Literary and Creative Works (1886). Both bargains now controlled by the World Intellectual Property Association (WIPO).

IPs are actively isolated into two classifications:

v Modern Property- This incorporates licenses for innovations, trademarks, modern structures furthermore, land signs.

v Copyright- This covers abstract works, (for example, books, sonnets and plays), films, music, creative works (e.g., drawings, works of art, photos and models) compositional plan. If explained in layman’s terms rights identified with copyright incorporate those of performing craftsmen in their exhibitions, makers of phonograms in their accounts, and telecasters in their radio, TV programs etc.

Intellectual Properties are secured by a sturdy framework of Intellectual Property Rights laws which is similar to any other property right. They permit makers, or proprietors, of licenses, trademarks or copyrighted attempts to profit by their work or interest by using their creation. These rights are sketched out in Article 27 of the Universal Declaration of Human Rights, which gives for the option to profit by the security of goods and material interests coming about because of origin of logical, artistic or on the other hand aesthetic creations.

In a constantly maturing world, it is vital to secure the intellectual property as the advancement and prosperity of mankind lay on its ability to make and design new works in the territories of innovation and culture. The lawful assurance of new manifestations supports the dedication of extra assets for additional advancements. These advancements provide insurance of scholarly property prods financial development, makes new openings and ventures, improves the quality and delight throughout everyday life. A proficient and impartial protected innovation framework can help all nations to acknowledge the potential as an impetus for a monetary turn of events and social prosperity. The protected innovation framework helps find some kind of harmony between the interests of trailblazers and the open enthusiasm, giving a condition in which inventiveness and development can prosper, for the advantage of all. Rivalry in universal trade exchange has expanded drastically over the past decade and a half. Nations perceive the estimation of licenses and trademarks in world advertisements and have found a way to utilize IPs or licensed innovations’ insurance to increment pieces of the overall industry. French government from a long time has been giving a sign of significance with which different countries can also make out that security of IPs in trade is imperative. “In August 1984, the French government announced several measures to encourage invention and innovation, to increase French trade competitiveness, and to increase licensing of the French technology.[2]” (Boucher, 1983)

THE NEXUS BETWEEN IPR AND TRADE (Detailed View)

Restrictive rights, particularly those identified with Intellectual Property and its security have pervaded the advancement talk just as various political, philosophical and legitimate points of view from time prehistoric. Be that as it may, IPR and its assurance has come to influence the day to day life of individuals, the discussion over it is not merely confined to scholarly examinations, strategy making and lawful speeches; rather it has become a matter of discussion and conversation among the countries all around the world because a minor change in the wrongful sale of any IP from one country to another can cause a great deal of loss to the owner country.“Domestic regulation of technical innovation in free-market economies has traditionally evolved from several different directions at once, with parochial disregard for a more coherent approach to what has become a quintessentially transnational set of problems.[3]” (Petersmann, 1993).

There have been phenomenal changes in licensed innovation law and strategy (usually alluded to as IP laws and strategy)throughout the most recent 20 years, numerous are the consequences of their crossing points with worldwide exchange and the various global exchange understandings brought into power. The expansion in cross-outskirt trades of products, administrations, capital and information is one purpose behind this; basic changes in all economies with information rising as society's most significant tradable financial resource is another. Hidden in this movement are changes to Intellectual Property Rights laws and arrangements. Since financial movement and human prosperity are progressively founded on information, creation and development, guaranteeing that everybody in the associated world has equivalent access to this information is a focal issue. “Within this framework, state trade secret laws supplement federally granted exclusive property rights by providing some incentive to develop incremental innovation that falls short of the non- obviousness standard of patent law while discouraging industrial espionage, unethical behaviour and corruption.[4]” (LADAS, 1975)

Ø Are trade and IP laws inseparable?

An enormous number of progressions that have occurred over this most recent couple of years, can be credited to be a reason of continuous convergence of IPRs with the global exchange. This expanding convergence can be seen by taking a gander at the worldwide exchange understandings and policies that are constantly being brought into power. It can likewise be seen by the fast increment in cross-fringe trades of merchandise, administrations and capital. Another explanation behind the expanded importance of protected innovation rights in global exchange is that basic changes that have occurred in all economies various rates. Specifically, information, innovation, thoughts, strategies and procedures are rapidly turning into society's most significant monetary resource. “The incredible rate of technological progress combined with the increasing transparency of national borders makes protection of knowledge in the form of IPRs particularly important today. Their interconnection stands as the symbol of the human body and oxygen.[5]” (al., 1993)

Ø The reasons for the fusion of IPR with trade.

The development of information as a tradable resource, which takes numerous shapes in its creation, spread and development across outskirts, is currently a setup highlight. While another factor fundamental to this is the quick development. Significant nations that send out protected innovation rights have, in light of their household business interests, compelled different nations to change their current, now and again exceptionally feeble or non-existent protected innovation rights-related approaches, laws and authorization methods to oblige the exporters' advantages. They have frequently put forth the defence that the nation underweight will likewise profit financially from the progressions being upheld. Therefore, the expanding interconnection among exchange and IPR has driven many nations under development to perceive that endurance in a GATT-based world economy[6] requires, in part, acknowledgement and security of IPs concerning that of the existing trade. “Increased international trade activity, reflecting the growing convergence between global trade and intellectual property rights, has been linked to the successful negotiation of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), in the mid-1990s, as part of the outcome of the multilateral Uruguay Round, a key component of the then newly created World Trade Organization (WTO).[7]” (Intellectual Property Rights and International Trade: An Overview, 2012)

SCOPE OF PROTECTION OF TRADE RELATED IPRS

The extent of licensed innovation security as an exchange issue inside different businesses:

  1. PC programming: The unlawful robbery and appropriation of PC programming (fundamentally an IP) which is worth crores of rupees is a significant issue that is undermining the necessary overwhelming speculation. Without this substantial speculation, there is no advancement.

2. The Pharmaceutical business: This is again another industry which likewise should convey high front-end R&D costs[8]. Be that as it may, there are a significant number of nations with such insufficient medication assurance that it turns out to be practically difficult to enter and support in those business sectors yet it is of prime importance for the public good.

3. Distribution, creation and so forth: Inadequate assurance of copyright rights prompts an unequivocal chilling impact on distributors, makers, and writers who see their material encroached without repercussions. This is likewise relevant to retailers who wind up losing a great deal of important business to the privateers.

4. The dangers of deficient security: Due to lacking insurance of protected innovation, for example, trademarks in various nations, the deceitful showcasing of inadequate and perilous fake things like vehicle new parts, agrarian synthetic compounds etc.is empowered.

The items and administrations that ought to be ensured by IPR laws represent a huge bit of exchange, and deficient security and assumes a significant misshaping job in world exchange. This is even more irksome when the trade of vital nature is compromising by existing in open commercial centres. In this manner, we can see that there is a mind-boggling connection between the exchange and protected innovation.

TRADE RELATED POLICIES OF INTERNATIONAL REGIME OF INTELLECTUAL PROPERTY LAWS

“Today's widespread attention thrust on piracy of computer software and entertainment media obscures the fact that IPRs were well established in international conventions over a century ago.[9]” (Paris Convention for Protection of Industrial Property, 1883. The principles of administering the cross-fringe trade is a progressively divided movement. The administrative structure that governments provide are both residential and universal, the last having been arranged, changed and refreshed since World War II in different worldwide, territorial and two-sided global exchange, speculation, science furthermore, innovation or different courses of action. From a universal exchange viewpoint, the focal point of the worldwide institutional system is the Geneva-based WTO[10], which developed from the General Agreement on Tariffs and Exchange (GATT) in 1995, and includes political (to a great extent as dealings), authoritative and legal components (the compulsory debate settlement framework, which recognizes the WTO from other universal financial administration systems).

At the centre of existing universal exchange understandings, along these lines, is the way that exchange rules are principally aimed at what governments ought to do as for products, administrations, innovation furthermore, thoughts of cross fringes trade. The presentation of protected innovation into this blend without precedent was presented in the mid-1990s — both in the North American Free Trade Agreement (NAFTA)[11] and all the while as an exchange related protected innovation part in the multilateral Uruguay Round, therefore progressive and game-evolving. These two understandings set out in detail the protected innovation gauges and authorization systems that member governments needed to receive locally as legitimate commitments and segment components of the general exchange understanding. A few years after the fact:

§ The Paris Convention On The Protection Of Industrial Property closed in 1883.“It applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other countries.”[12] (WIPO)

§ This was followed by the Berne Convention for The Protection of Literary And Artistic Works (1886), the first universal instrument to cover licenses on mechanical developments. This was set up three years after the fact to cover copyright. The centre of the Berne Convention is its arrangement that every one of the contracting nations will give programmed insurance to works first distributed in quite a while of the Berne association and for unpublished works whose creators are residents of or occupant in such different nations.

§ The Madrid Agreement (1891) concerning the International Registration of Marks, managing trademarks, was finished up five years after the fact. Indeed, even today, the topic of these three understandings covers the chief classes of licensed innovation, albeit mechanical structures, geographical indications (GIs), PC circuit geologies and plant reproducers' rights, just as conventional information, access to hereditary assets and competitive innovations, have become progressively significant as independent classes in the previous two decades.

The three late-nineteenth-century understandings noted above turned out to be a piece of a bigger umbrella association and the listed below conventions started to took up shape:

§ The Bureaux InternationauxRéunis Pour La Protection De La PropriétéIntellectuelle (BIRPI) (1893)- BIRPI is the predecessor organization to the World Intellectual Property Organization (WIPO). The BIRPI building still forms part today of WIPO's compound in Geneva. “The two secretariats set up to administer the Paris and Berne Conventions combine to form WIPO's immediate predecessor, the United International Bureaux for the Protection of Intellectual Property – best known by its French acronym, BIRPI. The organization, with a staff of seven, is based in Berne, Switzerland.[13]”(BIPRI)

§ World Intellectual Property Organisation (WIPO) (1970)- In the year 1970 BIPRI takes a turn and becomes WIPO. By the Convention establishing the World Intellectual Property Organization. In 1974, WIPO became a part of the UN and a member state-driven, intergovernmental association, with its home office in Geneva, Switzerland. The significant points of concentration for WIPO can be exemplified as:

a) The foundation and improvement of the best-protected innovation principles.

b) The point of focus for WIPO is to get its part countries to concur upon standards that are of as high a standard as could be expected under the circumstances, which should likewise in a perfect world be predictable and rational.

c) The advancement of a reasonable and viable global licensed innovation (IP) framework that empowers development and imagination to assist all.

However, what is to be noticed here is the fact that the trade-related part of WIPO, concerns universal trade issues but they have never been the focal point of WIPO. Mostly, it has taken a rearward sitting arrangement because of different plans. And therefore, a separate trade-related agreement was formed, named:

§ Trade-related Aspects of Intellectual Property Rights (TRIPS) (1995)- A global legitimate understanding between all the member countries of the World Trade Organization (WTO). It sets down least norms for the guideline by national legislatures of numerous types of IPs as applied to nationals of other WTO part countries. The TRIPS understanding brought protected innovation law into the multilateral exchanging framework and remains the most far-reaching multilateral concurrence on IPR till date. In particular, TRIPS requires WTO individuals to be given their copyright rights, covering creators and other copyright holders, just as holders of related rights, to be specific- entertainers, sound account makers and broadcasting associations; topographical signs; mechanical structures; coordinated circuit format structures; licenses; new plant assortments; trademarks; exchange names and undisclosed or private data. This outings additionally indicates authorization techniques, cures, and question goals methods.

WHY DOES TRIPS STAND AS THE MOST CRUCIAL AGREEMENT IN THE ARENA OF CROSS BORDER TRADE AND IPR?

“Consultations and negotiations facilitated by the World Trade Organization, as well as statutory reforms and resulting case law from nations around the world, forecast that TRIPs is more than a "paper tiger" and, as such, is likely to succeed in increasing global implementation and enforcement of IPRs.[14]” (The Marriage of Intellectual Property and International Trade in the TRIPs Agreement: Strange Bedfellows or a Match Made in Heaven, 1999). Developing nations have expected a graduated usage of TRIPS that will profit by the security managed by the procedures of TRIPS' contest goals framework. In disengagement IPRs may show up as unique appearances of crude independence.The restrictive responsibility is viewed in the setting of worldwide interconnectedness as a motivation to make, contribute and exchange, the security of IPRs as a reasonable advancement upgrading technique.

Various reactions have been demanded against the viability of the Paris and Berne Conventions today. When these were composed towards the finish of the nineteenth century and even in their twentieth-century corrections, concerns for worldwide connectedness and harmonization of IP, they were not amplified, as they are today, under the magnifying instrument of GATT and phenomenal increments in trade. The current truth of a "worldwide town" makes out the issue that the WIPO Conventions were not prepared to address. For instance, the national treatment guideline bears insurance just to the extent that a member nation secures its residents. Consequently, national treatment did not profit outsiders in states which somewhere neglected to give IP insurance to their residents. “Despite the longevity and historical importance of these WIPO Conventions, the end of the twentieth century has wrought what has been called the crisis in the Paris-Berne regime.[15]” (Intellectual Property in the Global Marketplace: Impact of TRIPs Dispute Settlements? 1995)

“TRIPS has been described as a "revolution" in IP protection.[16]” (The Impact of TRIPs: Intellectual Property Protection in Developing Countries, 1994). By the introduction of TRIPS, it was the first time Ips were being ensured under the rubric of global exchange understandings. TRIPS is a "reasonable jump" that expels IPRs from the disconnected treatment managed by the nearly separate WIPO Conventions. In request to profit by the exchange arrangements in GATT, countries must execute IP laws in agreement with the TRIPS.

The Agreement, by and large, contains three classes of obligations:

(a) it joins the significant arrangements of the WIPO Conventions;

(b) it supplements those Conventions with significant extra protection;

(c) it gives authorization and debate goals methodology for all part nations.

Although TRIPS has been a major booster of IP related benefits for the trade yet it has not been away from controversies. The following is an explanation of the politics of the Agreement on TRIPS: “an American trade hegemon, captured by rent-seeking multinational but domestically-operating intellectual property owners of the patent, copy, and trademark rights at the Uruguay Round multilateral trade negotiations unilaterally forced intellectual property on to the negotiation agenda, pressed its policy preferences despite adamant opposition from developing countries' negotiators, drafted an Agreement on Trade-Related Aspects of Intellectual Property Rights.[17]” ('Knowledge-Economy Elites, the International Law of Intellectual Property and Trade, and Economic Development, 2002)

Some of the major points of discussion regarding it were:

v Article 27.3 leaves "plant assortments" unclear. TRIPS confers a compelling insurance to all plant assortments. Individuals can pick any of the three systems: (1) licenses, (2) a sui generis framework, or (3) a blend of both licenses and the sui generis framework to ensure plant assortments. Without setting meaningful guidelines of assurance, Article 27.3 strait individuals' decision of system through the adequacy necessity. The open-finished language of the article makes an adaptable standard of insurance thoughtful to building up countries' financial needs, given the viability prerequisite is fulfilled. The adaptability presents a scope of conceivable outcomes from frameworks like the plant patent system of the United States or explicit assortment insurance frameworks of the European Union, to the chance of modified plant assurance systems which fit the requirements of developing countries.

v The Doha Declaration- There were three significant choices under conversation for the update of Article 27.3(b). The lion's share position upheld the amendment of Article 27.3(b) to prohibit life frames from the ambit of TRIPS. Another group contended for permitting complete discretion to the States to prohibit any life structure from patentability. At long last, a transitional position bolstered business as usual of the current content, which turned into the result of the negotiations. “The Doha ecclesiastical conference mirrored the worries of developing nations. A different presentation on the TRIPS understanding and general wellbeing accentuated that the understanding does not and ought not to keep WTO individuals from taking measures to ensure general wellbeing or public health.[18]” (Growth, Global Intellectual Property Régime: Genesis) The revelation explained that every member country is allowed to decide the grounds on which mandatory licenses are allowed and to build up its system on equal imports. It broadened the progress time frame for LDCs[19], as for pharmaceutical items by 10 years. Moreover, the TRIPS Chamber was told to locate a speedy answer for the issues of nations with restricted assembling limits in the pharmaceutical part in utilizing obligatory authorizing.

DISTINCTIVE DETAILS OF IP, INTERNATIONAL IP REGIMES AND THEIR INTERCONNECTEDNESS WITH TRADE

As this paper constructively goes on to define the interconnectedness of trade and IPR, in the end, some peculiar information of both the concepts are listed which actively provide extra detail to both.

  • At the point of the system of universal trade law, the need has arisen in the post- Second World War time, for locating a scholarly or reasonable establishment that, certainly accepts and acclimatizes the exemplary bits of knowledge about the additions to riches and government assistance from free exchange yet in a general sense worried about the interdependency of various states' exchange of trade and other monetary strategies i.e., overseeing or obliging the outer costs that states present on different states by prudence of their approaches.

  • Parallel Importation- Otherwise called as grey market products, allude to merchandise brought into a nation without the consent of the rights holder after that merchandise was authentically sold somewhere else. Equal importation identifies with the idea of regional depletion of IPR, which oversees the degree of IPR after the primary deal. In numerous nations, IPR is depleted at the principal deal for any goal, and such products can be sent out or re-traded freely. “Some developing countries contend that parallel importation is an alternative method for governments to increase access to medicines in the absence of a compulsory license, hence hold importance in the arena of international trade[20]” (U.S. Trade Policy Guidance on WTO Declaration on Access to Medicines May Need Clarification, 2007)

  • “If we want to preserve and enhance a basic multilateral bargain to contain generalized recourse to protectionism under conditions where the trade regime has collapsed into politics, and there is no trans- political orthodoxy that can universally validate any particular relationship between domestic policies and trade liberalization, then we may want to reopen the kind of tool kit that was used by the original GATT drafters, and revisit and perhaps dismantle some of the more rigid architecture that was produced in the 1990s.[21]” (From Politics to Technocracy-and Back Again: The Fate of the Multilateral Trading Regime, 2002)

  • “Localization Barriers to Tradefunction as a type of nontariff barrier to market access, “forced” localization measures generally refer to those designed to protect, favour, or stimulate domestic industries, service providers, or intellectual property at the expense of foreign counterparts.[22]” (Intellectual Property Rights and International Trade, 2020) These barriers can take various structures, for example, requirements for- specialist co-ops to process information in the foreign nation as a state of market access; get to organizations to move innovation and protected innovation as a state of endorsement of foreign invest; firms to utilize neighbourhood content as a condition for assembling or government acquirements.

CONCLUSION

(with a note to India’s stand with International IP regimes)

In the wake of taking a gander at the different parts of exchange and licensed innovation, it is clarified that there are yet a couple of lacunae with regards to exchange and Intellectual Property. But other than to the latest turns of events, to bring dynamic changes towards a free-market society, quick progression of universal exchange rehearses and showing its responsibilities to the WTO under the Trade-Related Intellectual Property Rights Agreement (TRIPS), the Government of India embraced a progression of steps, to adjust Indian IP enactment to satisfactory global measures. The guidelines identifying with all types of IP have been revised or reissued lately. Since there are numerous manners by which the global system could be adjusted to guarantee better attachment between protected innovation and worldwide exchange. Even though the Indian IP laws are still in the phases of improvement, the equivalent laws are in consonance with the global IP laws as India is a signatory to worldwide shows and arrangements including Paris Convention for the Protection of Industrial Property, Berne Convention on Copyright and TRIPS Agreement. As a rule, other than the time of security accessible and the time and cost took to enrol an IP, there are nevertheless a couple of significant contrasts among Indian and European contrasts among Indian and European IP laws. In any case, there have been noteworthy worries over IP implementation, with an overabundance of cases at both the common and criminal courts and IP Offices, and this is where Indian needs to work. The change in India’s IP policies is primarily for the most part in light of India's promotion to the WTO which can improve the circumstance to an unbending implementation framework and rendering a global consensus on the significance of exchange and universal exchange.

However, this stands as a fact that both stringent implementations of all regimes in the international arena and togetherness of all the countries can very evidently secure the trade-related IPs all around the globe.

REFERENCES

WEBSITES-

1) WIPO. [Online] World Intellectual Property Organisation. [Cited: June 22, 2020.] https://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf.

2) WIPO. Paris Convention for the Protection of Industrial Property. WIPO. [Online] https://www.wipo.int/treaties/en/ip/paris/.

3) Paris Convention for the Protection of Industrial Property. WIPO. [Online] https://www.wipo.int/treaties/en/ip/paris/.

4) BIPRI. WIPO. WIPO — A Brief History. [Online] wipo.int/about-wipo/en/history.html.

JOURNAL ARTICLES, BOOKS AND MISCELLANEOUS SOURCES

5) U.S. Trade Policy Guidance on WTO Declaration on Access to Medicines May Need Clarification. Office, U.S. Government Accountability. 2007. 1198, s.l. : GAO, September 2007, Vol. 97, p. 19.

6) From Politics to Technocracy-and Back Again: The Fate of the Multilateral Trading Regime. Howse, Robert. 2002. s.l. : Cambridge University Press, January 2002, The American Journal of International Law, pp. 94- 117.

7) al., Mitchel B. Wallerstein et. 1993. Global dimensions of intellectual property rights in science and technology. 1993.

8) Boucher, Le. 1983. , La Faute Ii Nimbus, Les Mesures Gouvernementales Pour Encourager les Depots de Brevet. Le Monde. 1983, p. 17.

9) Growth, Global Intellectual Property Régime: Genesis and. Global Intellectual Property Régime: Genesis and Growth. Shodhganga. 3.

10) Intellectual Property in the Global Marketplace: Impact of TRIPs Dispute Settlements? Geller, Paul Edward. 1995. s.l. : International Law, 1995, Vol. 29, pp. 99, 100.

11) Intellectual Property Rights and International Trade. Shayerah Ilias Akhtar, Ian F. Fergusson, Liana Wong. 2020. s.l. : Congressional Research Service, May 2020.

12) Intellectual Property Rights and International Trade: An Overview. Curtis, John M. 2012. s.l. : CIGI Papers, May 2012, Vol. 3.

13) 'Knowledge-Economy Elites, the International Law of Intellectual Property and Trade, and Economic Development. Ryan, Michael P. 2002. 271, s.l. : Cardozo J Int'l & Comp L, 2002, Vol. 10.

14) Ladas, Stephen P. 1975. Patents, Trademarks And Related Rights.National And International Protection.1975.

15) Paris Convention for Protection of Industrial Property. 1883. 1883.

16) Petersmann, Ernst-Ufrich. 1993. International Competition Rules for the GATT-MTO World Trade and Legal System,. WORLD TRADE. 1993, pp. 35-41.

17) The Impact of TRIPs: Intellectual Property Protection in Developing Countries. Bronckers, Marco C.E.J. 1994. s.l. : Common Mkt. L. Rev, 1994, Vol. 31, pp. 1245,1252.

18) The Marriage of Intellectual Property and International Trade in the TRIPs Agreement: Strange Bedfellows or a Match Made in Heaven. Gutowski, Robert J. 1999. 1, s.l. : Buffalo Law Review, 1999, Vol. 47, pp. 713- 762.

[1]WIPO. [Online] World Intellectual Property Organisation. [Cited: 22 June 2020.] https://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf. [2]Boucher, Le. 1983. , La Faute Ii Nimbus, Les Mesures Gouvernementales Pour Encourager les Depots de Brevet. Le Monde. 1983, p. 17. [3]Petersmann, Ernst-Ufrich. 1993. International Competition Rules for the GATT-MTO World Trade and Legal System, WORLD TRADE. 1993, pp. 35-41. [4]Ladas, Stephen P. 1975. Patents, Trademarks And Related Rights. National And International Protection.1975. [5]al., Mitchel B. Wallerstein et. 1993. Global dimensions of intellectual property rights in science and technology. 1993. [6]The General Agreement on Tariffs and Trade (GATT), signed on Oct. 30, 1947, by 23 countries, was a legal agreement minimizing barriers to international trade by eliminating or reducing quotas, tariffs, and subsidies while preserving significant regulations. [7]Intellectual Property Rights and International Trade: An Overview. Curtis, John M. 2012. s.l. : CIGI Papers, May 2012, Vol. 3. [8]The costs a company incurs in the process of developing new goods and services to best suit the company's and consumer needs. [9]Paris Convention for Protection of Industrial Property. 1883. [10]The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to ensure that trade flows as smoothly, predictably and freely as possible. [11]The North American Free Trade Agreement (NAFTA) is a treaty entered into by the United States, Canada, and Mexico; it went into effect on January 1, 1994. (Free trade had existed between the U.S. and Canada since 1989; NAFTA broadened that arrangement.) [12]WIPO. Paris Convention for the Protection of Industrial Property. WIPO. [Online] https://www.wipo.int/treaties/en/ip/paris/. [13]BIPRI. WIPO. WIPO — A Brief History. [Online] wipo.int/about-wipo/en/history.html. [14]The Marriage of Intellectual Property and International Trade in the TRIPs Agreement: Strange Bedfellows or a Match Made in Heaven. Gutowski, Robert J. 1999. 1, s.l. : Buffalo Law Review, 1999, Vol. 47, pp. 713- 762. [15]Intellectual Property in the Global Marketplace: Impact of TRIPs Dispute Settlements? Geller, Paul Edward. 1995. s.l. : International Law, 1995, Vol. 29, pp. 99, 100. [16]The Impact of TRIPs: Intellectual Property Protection in Developing Countries. Bronckers, Marco C.E.J. 1994. s.l. : Common Mkt. L. Rev, 1994, Vol. 31, pp. 1245,1252. [17]'Knowledge-Economy Elites, the International Law of Intellectual Property and Trade, and Economic Development. Ryan, Michael P. 2002. 271, s.l. : Cardozo J Int'l & Comp L, 2002, Vol. 10. [18]Growth, Global Intellectual Property Régime: Genesis and. Global Intellectual Property Régime: Genesis and Growth. Shodhganga. 3. [19]The least developed countries (LDCs) is a list of developing countries that, according to the United Nations, exhibit the lowest indicators of socioeconomic development, with the lowest Human Development Index ratings of all countries in the world.” [20]U.S. Trade Policy Guidance on WTO Declaration on Access to Medicines May Need Clarification. Office, U.S. Government Accountability. 2007. 1198, s.l. : GAO, September2007, Vol. 97, p. 19. [21]From Politics to Technocracy-and Back Again: The Fate of the Multilateral Trading Regime. Howse, Robert. 2002. s.l. : Cambridge University Press, January 2002, The American Journal of International Law, pp. 94- 117. [22]Intellectual Property Rights and International Trade. Shayerah Ilias Akhtar, Ian F. Fergusson, Liana Wong. 2020. s.l. : Congressional Research Service, May 2020.


Legit Originals, Volume 1, Issue 1 (September 2020)

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