Trade Related Aspects of Intellectual Property Rights (TRIPS)
Many countries entered into international agreements (non WTO) to protect creative ideas and new knowledge by giving the creators of these knowledge based assets (called “intellectual property rights”):
• The right to prevent others from “using their inventions, designs or other creations
• To use this right to negotiate payment for their intellectual property (IP) rights.
However, protection given to IPRs (by several international agreements) was found to be inadequate. This was particularly true as to the level of protection, implementation and enforcement. It was, therefore, agreed to develop new internationally agreed rules. The result was the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) negotiated in the Uruguay Round of MTN that sought to reduce distortions and impediments to international trade through promoting effective and adequate protection of intellectual property rights.
The Agreement spells out the way that basic principles of trading order and other intellectual property agreements should be applied. The “MFN” and national treatment requirement have constituted key elements of the architecture of the agreement on the TRIPs. This Agreement has also required members to comply with pre-existing agreements governing IPRs. It was explicitly provided that nothing in the TRIPs Agreement shall derogate from existing obligations as spelled out in the Paris Convention, the Berne Convention, the Rome Convention and the Treaty in respect of Integrated Circuits.
The TRIPs Agreement markedly narrowed the gaps in the manner these rights were recognized, protected and enforced among trading nations. It also provides for settlement of disputes through the WTO dispute settlement system. Pakistan, in compliance with the TRIPS Agreement, has enacted new legislation (IPO law) as well as effected amendments in the existing laws relating to patents, copyrights and Trademarks.
The TRIPs Agreement is directly relevant for the furniture sector.
Protection of designs and trademarks
• Furniture designs can now be protected through getting them registered under the Industrial Designs Ordinance (2000). The furniture industry should seriously consider registering any innovative and special design so these be fully protected.
• The well-established companies would be also well advised to get their trade marks protected.
• The quality of protection has significantly improved. By the same token the furniture industry in Pakistan cannot copy some one else’s designs or trade marks. Pakistani furniture manufactures and exporters will be well advised to comply with the provisions of the TRIPs Agreement.
• Exporters if wrongly accused of violation of some one’s IPRs should take full advantage of protection provided by this Agreement.
Many countries entered into international agreements (non WTO) to protect creative ideas and new knowledge by giving the creators of these knowledge based assets (called “intellectual property rights”):
• The right to prevent others from “using their inventions, designs or other creations
• To use this right to negotiate payment for their intellectual property (IP) rights.
However, protection given to IPRs (by several international agreements) was found to be inadequate. This was particularly true as to the level of protection, implementation and enforcement. It was, therefore, agreed to develop new internationally agreed rules. The result was the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) negotiated in the Uruguay Round of MTN that sought to reduce distortions and impediments to international trade through promoting effective and adequate protection of intellectual property rights.
The Agreement spells out the way that basic principles of trading order and other intellectual property agreements should be applied. The “MFN” and national treatment requirement have constituted key elements of the architecture of the agreement on the TRIPs. This Agreement has also required members to comply with pre-existing agreements governing IPRs. It was explicitly provided that nothing in the TRIPs Agreement shall derogate from existing obligations as spelled out in the Paris Convention, the Berne Convention, the Rome Convention and the Treaty in respect of Integrated Circuits.
The TRIPs Agreement markedly narrowed the gaps in the manner these rights were recognized, protected and enforced among trading nations. It also provides for settlement of disputes through the WTO dispute settlement system. Pakistan, in compliance with the TRIPS Agreement, has enacted new legislation (IPO law) as well as effected amendments in the existing laws relating to patents, copyrights and Trademarks.
The TRIPs Agreement is directly relevant for the furniture sector.
Protection of designs and trademarks
• Furniture designs can now be protected through getting them registered under the Industrial Designs Ordinance (2000). The furniture industry should seriously consider registering any innovative and special design so these be fully protected.
• The well-established companies would be also well advised to get their trade marks protected.
• The quality of protection has significantly improved. By the same token the furniture industry in Pakistan cannot copy some one else’s designs or trade marks. Pakistani furniture manufactures and exporters will be well advised to comply with the provisions of the TRIPs Agreement.
• Exporters if wrongly accused of violation of some one’s IPRs should take full advantage of protection provided by this Agreement.
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