1. WELCOME TO MY PRESENTATION!
Presented By:
ARNAB KUMAR DAS
LLB 3rd Batch
Department of Law
Port City International University
AGREEMENT ON TRADE-RELATED ASPECTS
OF INTELLECTUAL PROPERTY RIGHTS
(TRIPS AGREEMENT)
1

2. 1. Article 3: National Treatment;
2. Article 4: Most-Favored-National Treatment;
3. Article 8: Principles;
4. Article 15: Protectable Subject Matter;
5. Article 16: Rights Conferred;
6. Article 27: Patentable Subject Matter; and
7. Article 28: Rights Conferred
Subject Matters
2

3.  Each member shall treats all other members equally no less than
favorable than its own nationals to the protection of intellectual
property rights.
 Exceptions:
 The Paris Convention, 1967;
 The Berne Convention, 1971; and
 The Rome Convention on the Treaty on Intellectual Property
Article 3: National Treatment
3

4. Article 4: Most-Favored-National
Treatment
 For the purpose of the protection of intellectual property, any advantage,
favor, privilege or immunity grated by a member to the national or any other
country.
 But followings have been exempted from this obligations are any
advantage, favor, privilege or immunity:
 Judicial assistance or law enforcement of general nature;
 Provisions of the Berne Convention (1971) or the Rome Convention;
 Rights on phonograms and broadcasting organizations; and
 International agreement related to the protection of intellectual
property
4

5. Article 8: Principles
 Members can adopt essential measures necessary for the purpose
of:
 Protect public Heath and Nutrition; and
 Promote public interest about socio-economic and technological
development
Provided that such measures are consistent with the provisions of this
Agreement.
 Otherwise, members may take appropriate measures to prevent:
 Abuse of intellectual property rights by the right holders; or
 Practice which unreasonably restrain trade or adversely affect the
international transfer of technology.
5

6. Article 15: Protectable Subject Matter
 Any Sign or any combination of Signs;
 Capable of distinguishing the goods or services;
 Shall be capable of constituting a trademarks.
 Such Signs includes personal names, letters, numerals, figurative
elements and combinations of colors…
Shall be eligible for registration as trademark.
 But the nature of the goods or services which are applied to
trademark shall in no case from an obstacle to registration of the
trademark.
6

7. Article 16: Rights Conferred
 The owner or right holder of the trademark shall have the exclusive right to
prevent all third parties from using in the course of trade identical or similar
signs or goods or services not having the owner’s consent.
 In case of the use of an identical sign for identical goods or services, a
likelihood of confusion shall be presumed.
 The rights prescribed under this Article shall not prejudice any existing
prior rights, nor shall affect the possibility of members making rights
available on the basis of use.
7

8. Article 27: Patentable Subject Matter
 Over which patents cannot be claimed?
 Members may also exclude from patentability:
a) Diagnostic;
b) Therapeutic and surgical methods for the treatment of humans or
animals;
c) Plants and animals other than micro-organism;
d) Essentially biological processes for the production of plants or
animals other than non-biological and microbiological process.
8

9. Article 28: Right Conferred
 A patent shall confer on its owner the following exclusive
rights:
a) Where the subject matter of a patent is a product is to prevent third
parties from using, offering for sale, selling, or importing goods or
services not having the owner’s consent.
b) Where the subject matter of a patent is a process is to prevent third
parties from using, offering for sale, selling, or importing goods or
services not having the owner’s consent.
9

10. Thank you very much
for your patient… 
10
0