IPR in the 21ST Century

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Intellectual property rights have become the subject of attention and debate largely as a result of India’s entering the WTO and signing, among other agreements, the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). Long before this agreement was signed in 1995, there were several treaties dealing with IPRs, such as copyrights, trademarks, patents and other rights. The most well-known of them are: the Paris Convention for the Protection of Industrial Property of March 20, 1883, Berne Convention for the Protection of Literary and Artistic Works of September 9,1886, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations Done at Rome on October 26, 1961, Madrid Agreement Concerning the International Registration of Marks of April 14, 1891, etc., which have been periodically revised. But it was found that these treaties did not have an effective enforcement system by which parties to any of these treaties could ensure compliance with the terms of the treaties by other parties. Also the change in the pattern and pace of international trade highlighted the need for greater cohesion in the matter of mutual obligations and more precision in the description of the scope of the rights. TRIPS provided an opportunity to redefine the content and scope of the rights.

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