TRIPS AND ITS IMPACT ON THE INDIAN IP REGIME

Abstract

The post-colonial world in the late 20th century and early 21st century witnessed a change in the global economic setup, international trade and investment was on the rise and there was a need for its regulation. This led to the formation of General agreement on Trades and Tariffs in 1947, and it remained the regulatory agreement till 1995, in 1995 as a result of the Uruguay Round of negotiations, through the Marakesh agreement an international body to regulate the world trade was instituted, known as the World Trade organisation. Under its ambit, the agreement on the Trade Related aspects of Intellectual Property Rights was also adopted in 1995. This research paper tries to analyse the impact of TRIPS on the Indian laws on intellectual property, in the first part of this research paper the researcher analyses the circumstances which led to the adoption of TRIPS and how the ambit of the agreement has been broadened to encompass not only the trade related aspects of IPR but also the entire regulation of the IP laws. The researcher also analyses the method of implementation of the obligations laid upon India through this agreement, the researcher touches upon the concepts of Mail Box, and Exclusive marketing rights granted by the Indian IP regime during the transitional phase. The researcher also touches upon the proponents of the Doha Declaration and the impact on the pharmaceutical industry. Subsequently the researcher analyses the provisions of the TRIPS plus plus agreement, upon the IPR regime in place and in conclusion the researcher tries to determine the overall effect the TRIPS and the TRIPS Plus Plus would have on the Indian economy, which is the world’s fastest growing economy with huge IP potential