Role of Trade-Related Aspects of Intellectual Property Rights (TRIPS) in Intellectual Property Rights (IPR) Legislation Laws in India

Abstract

The world economy is growing through the development rate. Every day we come across new developments, inventions and innovations in the field of natural science, medical science, commerce and management etc. One of the main factors that are helping in these developments is strong IPR in the world by the introduction of TRIPS by the World Trade Organization (WTO). In this study, an attempt has been made to discuss the role of TRIPS in IPR legislation laws in India. The study is exploratory cum descriptive in nature. The study found that with the emergence of TRIPS it became obligatory for its member nation to follow its guidelines. In India various amendments has been done in the Patent Act, Copyrights act, Trademarks act to comply with the guideline of TRIPS. Major amendments include Abolition of exclusive market Rights, Terms of patents increased from 14 years to 20 years, Power of Government broadcasting organisations and performers in certain other countries in case of copyrights, registration of design, extension of definition of trademarks etc. Further geographical indication act came into existence where geographical indication cannot register as trademarks; protection of plant varieties and farmers’ rights also there is a three-tier body at local, state and national level that works for the preservation and conservation of biological resources. The study suggested that non-governmental organizations (NGOs) should take part in boosting the IPR.