Intellectual Property Rights in Emerging Markets

By Clarisa Long | Go to book overview

3

The Indian Intellectual Property
Rights Regime and the TRIPs
Agreement

Shondeep Banerji

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

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Intellectual Property Rights in Emerging Markets
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • 1 - Introduction 1
  • References 10
  • 2 - The Political Economy of Intellectual Property Rights Protection in the People's Republic of China 11
  • Notes 39
  • References 41
  • 3 - The Indian Intellectual Property Rights Regime and the Trips Agreement 47
  • Notes 89
  • References 94
  • 4 - Can Intellectual Property in Latin America Be Protected? 96
  • Notes 123
  • References 124
  • About the Editor and Authors 129
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