Trips, Trims & Gats

WTO TRIPS TRIMS & GATS

Intellectual property  

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creation of human mind that is of value. IPRs are the rights granted to persons (inventors) for creation of their mind TRIPs provide the norms and standards of protection of  intellectual property. TRIPs   protection prot pr otec ecti tion on - orms of intellectual in tellectual property: Patents Plant & seed variety Micro organisms copy right & related rights, Trade marks including service marks Geographical indicators Integrated circuits, Trade secrets

Patent laws & India Indian patent laws do not meet the standards sta ndards and requirements WTO.  New patent regime is product patent with duration 20 years.  Indian patent system: process paten (DRUGS)  Article 27 equates imports with local production  Developing countries were given time until 2000 to introduce protection norms for TRIPs other than patents.  deadline was extended to 2005:  India introduced the new patent act 1999. 

Challenges

for Indian pharmacompanies

Product patent regime :basic research India lacks : era of reverse engineering gone.  no in incl inclination clin inat atio ion n  Indian pharma companies   and orientation to conduct basic research and wait for a longer period for f or the outcome.  Indian pharma companies fear extinction.  New patent regime: price of the drugs shot  up. 

General Agreement  on Trade in Services GATS

Trade in services Modes of delivery:  Cross -border border Supply: a non non--resident -resident Service Supplier supplying services across borders into a Members' territory;  Consumption abroad: The freedom for members' Resident to purchase services in the territory for another Member;  Commercial presence: The opportunities for Foreign services supplier's supplier's to establish esta blish and expand a commercial presence on a members' Territory and;  Presence of national persons: entry and temporary stay in a Members' territory of foreign fo reign Individuals in order to supply service. 

Six service sector groups Business, Communication, Construction And Related Engineering, Financial Service, Health And Social Service And Tourism And Travel Related Service. 

Trade Related Investment Measures (TRIMS)

Trims prohibit measures like 1.

Local content requirement 

2.

Trade balancing requirement 

3.

Foreign exchange balancing requirement 

4.

Exchange restrictions

5.

Export performance requirement