Legal Frameworks, Implications & Challenges at WTO The case of developing countries

Legal Frameworks , Implications Challenges at WTO

The Case of Developing Countries

1 .0 Introduction

The General Agreement on Trade and Tariff (GATT ) Trade Related Aspects of Intellectual Property Rights (TRIPS ) was formulated in the Uruguay round of the World Trade Organisation (WTO ) trade talks among member countries in the year 1994

Trips is regarded as the most important international treaty governing the Intellectual Property rights , which introduced Intellectual Property laws into the realm of international trade

The agreement covers five broad issues

how basic principles of the trading system

and other international intellectual property agreements should be applied

how to give adequate protection to intellectual property rights

how countries should enforce those rights adequately in their own territories

how to settle disputes on intellectual property between members of the WTO

special transitional arrangements during the period when the new system is being introduced

Every member of the WTO is under the obligation to implement the terms of the agreement . The main emphasis of the Agreement is on the protection of copyrights . The GATT TRIPS provides for the registration protection and other administration of the copyrights . The agreement among other things provides for the protection of the computer programming by categorizing this as a literary contribution . Perhaps this is the most apt provision of the GATT TRIPS Agreement that goes well with most of the nations that have a strong base in Information and Communication Technology for their economic development like India and China . In addition the Agreement also insists on the member countries for forming legislative frameworks in respect of patent laws especially such laws to cover technological innovations and botanical discoveries that are considered related to the hard work of the individuals and nations . Provisions within the agreement also demand that national protection for patents and copyright be limited . In terms of these rights , citizens should not receive favoritism from national governments

There were controversies on the GATT TRIPS Agreement since its initiation in the Uruguay Round of Talks of the WTO . The controversies basically center round the burden the agreement places on the poor and developing nations who are compelled to adhere to the prescribed standards in the agreement in to retain their memberships . There are a number of issues in this connection like legal and administrative cost requirements , disclosure requirements , compulsory licensing and protection of genetic rights and traditional knowledge . This intends to present an analytical review of various issues and problems being faced by the developing nations in connection with the implementation of the TRIPS agreement in the respective countries in general . There are various other issues faced by the developing nations on a legal basis . The problems relate to the creation of new legal frameworks or integrating the issue of patenting and regulating the genetic resources and traditional knowledge including folklore . This also intends to make a presentation on the legal issues connected with the various aspects of implementing the TRIPS in the developing countries

2 .0 Legal , Legislative and Administrative Costs...