Intellectual property rights under WTO ; tasks before India

The Agreement on Trade Related Aspects of Intellectual Property Rights, including Trade in Counterfeit Goods (TRIPS), one of the GATT documents, casts on India, as a member of the World Trade Organization, obligations to provide, through its domestic legislation, for the availability and use of trade related intellectual property rights and the effective and appropriate means for the enforcement of those rights.

For the purposes of this Agreement 'intellectual property' refers to the following: Copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout designs (topographies) of integrated circuits, and undisclosed information. The specific enactments in force in India cover copyright, industrial designs, patents and trademarks. Regarding the other rights, particularly relating to geographical indications and protection of plant varieties and farmers' rights, new legislation will meet the requirements.

By incorporation into the TRIPS Agreement, certain provisions of the Paris Convention (1967), the Berne Convention (1971), the Rome Convention and the Treaty on Intellectual Property in respect of Integrated Circuits are also binding on the Members of the WTO.

The book examines how far present legislation in force in India in respect of these intellectual property rights matches TRIPS requirements, and the need and scope for further legislation to discharge the obligations under this Agreement.