Comment on whether the Patent provisions in TRIPS provide reasonable protection for traditional knowledge as well as patents - Essay Example

Summary

End product could be any physical products or even services that are offered by the company. So, both the product and the services are the ‘keys’ for an organization, and that ‘key’…

Download full paper File format: .doc, available for editing

GRAB THE BEST PAPER98.5% of users find it useful

Comment on whether the Patent provisions in TRIPS provide reasonable protection for traditional knowledge as well as patents

Read Text Preview

Subject: Miscellaneous
Type: Essay
Level: Undergraduate
Pages: 4 (1000 words)
Downloads: 0
Author: schmittantwan

Extract of sample "Comment on whether the Patent provisions in TRIPS provide reasonable protection for traditional knowledge as well as patents"

Download file to see previous pages

Protected in the sense, the organization or the creator or the inventor who came up with the product, should be given some rights over it. They should be allowed to enjoy the financial and other benefits incurred from it, thereby preventing others from illegally duplicating the product or services and being detrimental to the original manufacturers and inventors. So, this paper will discuss how Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides good protection for traditional knowledge as well as patents, thereby being really helpful to business organizations.

Administered by World Trade Organization (WTO), Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement which establishes minimum standards for the various forms of intellectual property (IP) regulations for the nations of the world, who are signatories of WTO. Negotiated at the final stages of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994, TRIPS stipulates that all the signatory nations (comprising 153 countries representing close to 95% of total world trade) need to follow and implement certain laws protecting the IP of various organizations or individuals or countries.

TRIPS’ stipulations which the nations laws should meet comprises various forms IP rights including: copyright rights, including the rights of performers, producers of sound recordings and broadcasting organizations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of new plant varieties; trademarks; trade dress; and undisclosed or confidential information. (mse.ac.in). Thus, “WTO’s TRIPS Agreement is an attempt to narrow the gaps in the way these rights are protected around the world, and to bring them under common international rules.

It establishes minimum levels of protection that each

...Download file to see next pages Read More

The Dsu in Operation - from Complaint to Resolution

This dissertation sought to determine whether the WTO dispute settlement system as embodied in the Dispute Settlement Understanding or DSU is effective in ensuring a swift and equitable outcome in the resolutions of disputes, where such disputes are between developing countries on the side and developed countries on the other.... eficiencies are still seen, however, in terms of the cost of dispute settlement, the need for expert knowledge of procedure, lack of standards in setting the duration of reasonable time for compliance, and the perceived inadequacies of trade retaliation and other remedial measures....

74 Pages (18500 words) Dissertation

Enforceability at the National Level in the United Arab Emirates

International intellectual property protection laws have attempted to strike a fair balance between the sharing of information and knowledge and the rights of authors of intellectual property to benefit from their labor and creativity.... The paper "Enforceability at the National Level in the United Arab Emirates" highlights that generally, the difficulty for the international intellectual property protection framework is determining what amounts to procedural fairness and effectiveness....

21 Pages (5250 words) Essay

Patenting of Pharmaceuticals Conflicts with the Competing Rights of Individuals

The right to prevent others from carrying out the invention claimed in a patent may be enforced in the courts; if the patent is valid and infringed the court can order the infringer to stop his activities, as well as providing other remedies such as damages.... These rights are in general limited to the territory of the state granting the patent, so that an inventor wishing protection in a number of countries must obtain separate patents in all of them.... Subsequently, the paper was used and a wafer seal of the patent Office replaced the Great Seal, but the wording of the letters patent document (not to be confused with the printed patent specification) was still very impressive....

25 Pages (6250 words) Essay

Intellectual and Modern Property

The original purpose of copyright was to grant to the creator of the original work, the protection for his innovation as well as his time and expense in creating the work.... 1 The inclusion of more such views is likely to provide a clearer picture of the current status of moral rights, as well as the improvements that have occurred in the UK over the years, in so far as providing protection of authors' rights is concerned. ... However, with increasing globalization, there may be a need to extend patent protection for products to other countries as well, in order to effectively provide the necessary levels of protection....

16 Pages (4000 words) Essay

The Primary Purpose of the UK Housing Act 2004

The report acknowledged that it was quite understandable and reasonable for dwellings to remain unoccupied for a period of six months while it was under repairs of up for sale.... The paper 'The Primary Purpose of the Housing Act 2004' summarizes the officials' attempts to achieve a fair balance between the rights of proprietors of empty dwellings and the benefits of the impacted community....

51 Pages (12750 words) Research Paper

Patient Autonomy As One of the Most Central Ethical Principles in Medical Law

It is the very nature of valid consent that provides essential protection to medical professionals for liability.... The British Medical Association Ethics Guidelines also provide express guidance on the situation where people with parental responsibility disagree....

19 Pages (4750 words) Research Paper

Invention Rights at the Work Place in New Zealand

he nature of the employment relationship and the circumstances that result in the innovation play a significant role in determining the patent rights of the employees.... In this regard, they have taken into consideration several issues, like the duty of fidelity in employment, employee confidentiality, and whether the invention was made in the course of employment.... These are beneficial to the employer, and such benefit is enhanced significantly if such knowledge is not shared with other firms....

37 Pages (9250 words) Research Paper

The Definition of Intellectual Property

The United States repeatedly threatened China in the 1980s with economic sanctions and opposed the entry of China into the World Trade Organisation as well as perpetuating trade wars.... More and more, these laws are cited as a solution to a plethora of problems ranging from unsatisfactory economic performance to the crumbling of cultural awareness (Cook Islands News, 2001) as well as bio-piracy carried out by multinational corporations (Cook Islands, 2002).... As a result of this, there was an intensification of in-laws to do with intellectual property as well as urging from the public to put forth additional protection (Pacific islands report, 1999)....

36 Pages (9000 words) Essay

Comment on whether the Patent provisions in TRIPS provide reasonable protection for traditional knowledge as well as patents - Essay Example

Extract of sample "Comment on whether the Patent provisions in TRIPS provide reasonable protection for traditional knowledge as well as patents"

CHECK THESE SAMPLES OF Comment on whether the Patent provisions in TRIPS provide reasonable protection for traditional knowledge as well as patents