The Impact of TRIPS Agreement on International Trademark Regime

  • Vanshik Datta and Dawood Drabu
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  • Vanshik Datta

    Student at Amity Law School, Noida, India

  • Dawood Drabu

    Student at Amity Law School, Noida, India

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Presently, Inventions, design, know-how, and works of art play a key role in facilitating these creative activities, inventions, industrial design, literary works, Protect integrated circuit layout designs, trade secrets, etc. Furthermore, to ensure this, trademarks and similar identifiers are also protected. This Protects and safeguards the trust earned through business and consumer activities and promotes fair competition. In international trade, the share of goods and services including that of Intellectual property has increased dramatically, and there are risks when countries offer insufficient or inadequate protections to Intellectual Property which may result in distortion of the international trade order. However, even in developing countries, many countries have intellectual property protection systems but Inadequate standards of protection & Range of the limited or extremely short duration of protection, or Enforcement of intellectual property rights is not sufficiently guaranteed effective. Some developed countries have systems Anything that overprotects or discriminates against intellectual property from internal and external sources. For these reasons, in terms of improving international trade and achieving this, the need to develop frameworks was increasingly recognized to ensure adequate protection of intellectual property. With respect to intellectual property WTO and the World Intellectual Property Organization (WIPO) are two main International Organizations that are working for the promotion and protection of trademarks all over the world. Many agreements have already been signed for the international protection of Intellectual property such as the Paris Convention on Industrial Property Rights related to the Berne Convention, including patents and trademarks, Copyright. However, more emphasis is placed on trade-related aspects There was an urgent need for an international agreement on intellectual property rights Within the framework of the GATT, in which as many countries as possible participate to maintain Intellectual property protection standards for trade. It is in this context that negotiations on trade-related aspects take place. Intellectual Property Rights (TRIPS) has become one of the important new areas for companies. At the discussions at the GATT Uruguay Round that began in 1986 along with others Agreements from the Uruguay Round, The Trade-related agreements. Aspects of Intellectual Property Rights (TRIPS Agreement) was finally agreed. At the Ministerial Conference was held in Marrakech, Morocco in April 1994. It entered into force on January 1, 1995 within the framework of the WTO Agreement. The present article intends to cover the impact, the TRIPS agreement had on the International Trademark Regime viz-a-viz its various provisions like Articles 15 to 21.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1083 - 1093


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