TRIPs Agreement & Challenges for Pakistan

Majid Ali Wajid

Year:    2004
Category:   WTO
Source:   ICQI 2004 – Pakistan 8th International Convention on Quality Improvement, Lahore
Publisher:   PIQC Institute of Quality

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Author’ Introduction:   

 

Majid Ali Wajid holds a Masters of Law (LL.M.) Degree from University of Cambridge, UK in the field of WTO laws, intellectual property laws, international commercial litigation and corporate finance laws. He has also been on study trips to WTO (World Trade Organization) and WIPO (World Intellectual Property Organization) Headquarters in Geneva. He is an Advocate of the High Court and actively practices commercial laws. Moreover, he is a WTO Consultant for Government of the Punjab, SMEDA and ‘Experts Advisory Cell’ of Ministry of Industries and Production, Pakistan. He teaches WTO and commercial laws at a post-graduate level at University of Management and Technology, Lahore (UMAT). One frequently finds his articles and publications on WTO issues in journals and leading newspapers of Pakistan. He has been conducting a number of workshops and seminars for the dissemination of WTO laws and their implications on various sectors of Pakistan.

Abstract   

 

This paper aims to address the Agreement on Trade Related Aspects, of Intellectual Property Rights (TRIPS) of WTO and its implications for Pakistan.

It begins by defining an intellectual property right, and moves on to highlight the objectives and significant features of the TRIPS Agreement that include the minimum standards provided for the protection of intellectual property rights along with means for their enforcement. However, the main focus of the paper is on the challenges that Pakistan has to face in response to the Agreement.

In the light of the seriousness of different issues and major concerns for Pakistan, it recommends strategies to be adopted for proper implementation of the TRIPS Agreement. The various developments taking place if Pakistan in areas of patents, copyrights, trademarks, industrial designs, integrated circuits, geographical indications, trade secrets and plant breeders rights is a prominent feature of the paper.

The role of the proposed PIPRO (Pakistan Intellectual Property Rights Organization), being established to streamline the intellectual property rights regime of Pakistan, is appreciated. Contentious issues emanating from the TRIPS Agreement, such as food security, access to health care, plant breeders rights, compulsory licensing, bio-safety and traditional knowledge are also addressed under Pakistan\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\’s Scenario.

In short, the purpose of the paper is to inform the reader of the different challenges that a developing country like Pakistan faces for implementing the intellectual property rights regime as envisaged by the multilateral trading system provided by World Trade Organization.