The Indian Intellectual Property
Rights Regime and the TRIPs
The issue of intellectual property rights protection has taken on added importance since the conclusion of the Uruguay Round and the formation of the World Trade Organization ( WTO) in 1995. The three pillars of the WTO consist of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which lays down substantive guidelines for the implementation and enforcement of stronger intellectual property rights; the General Agreement on Trade in Services (GATS), which deals with rules on international trade in services; and the General Agreement on Tariffs and Trade (GATT), which contains rules for trade in goods.
India has not been left unaffected by these changes in the rules of international trade. To further the understanding of the existing intellectual property regime in India and the reasons for its existence, I discuss several related questions in this chapter. First, how does India's existing legislation differ from the TRIPs Agreement, and what changes must India make to its intellectual property laws to be in compliance with TRIPs? I argue that the major