Session 8 : TRIPS dalam Hukum Perdagangan Internasional

Mata Kuliah      : Law in International Business

Dosen              : Dr. Shidarta, S.H., M.Hum.

Tanggal            : 7 Mei 2013 (Kuliah Minggu VIII)

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Topik               : TRIPS dalam Hukum Perdagangan Internasional

  

Metode             : Tatap muka (F2F) dengan presentasi dan diskusi

Substansi:

TRIPS  è Trade Related Aspects of Intellectual Property Right

The emergence of approval of TRIPS in a round of GATT, Uruguay basically, international trade is the impact the condition of an increasingly widespread and knew no national boundaries. Country who first proposed the TRIPS are United State, was as anticipation argued that WIPO (World Intellectual Property Organization) which under PBB, incapable of protecting Property Right Intellectual in international trade market will lead to be negative

The pros and cons of TRIPS

1. Departing from the weaknesses of the WTO, the United States attempted since 1982 include issues of the Intellectual Property to the GATT
2.  For developing countries, intellectual property income initially resisted, they argued that intellectual property rights discussed in GATT is not appropriate. GATT multilateral trade forum is, while intellectual property rights do not have to do with the trade.
3. The existence of international trade in the country argued progress depends on the progress of the technological benefits, including the protection of Intellectual Property Rights, so the close relationship between the two countries, then finally the member states may receive TRIPS as the part of the WTO.

Trips agreement:

• TRIPS is one of the topics of the 15^th issue of GATT and apply after approval of the Uruguay Round on December 15, 1993 and being ratified, April 15, 1998 in Morokko, North Africa by 117 countries
•  The adjustment was not only concerned the completion of legal products, but also new IPR (Intellectual Property Right), with other supporting infrastructure with a time limit of 5 years applies effective TRIPS.

Apparently, TRIPS has several objectives to be done. First of all, increasing the protection of IPR of the traded product available. Next, guarantee implementation procedures PRI not hinder trading activities. After that, formulate rules and disciplines concerning the implementation of the protection of intellectual property. Furthermore, principles, rules and mechanisms of international cooperation to deal with trade goods, forgery or hijackers on IPR.

                There are four principal of TRIPS setting either mentioned in international trade law. First, the arrangements relate to the concepts of the intellectual property rules of international trade. Second, the settings which require Member State to comply with the Paris Convention and the Berne Convention. Third, setting the set rules or provisions. And last, arrangements relating to the enforcement of intellectual property law.

To understand clearly about the TRIPS, the principles of TRIPS are:

1.       Free to determine è give freedom to its members to determine the ways considered appropriate to apply the provisions stipulated in TRIPS.

2.       Intellectual Property Convention è requires its members adjust legislation with various international convention IPR

3.       National treatment è granting equal treatment in relation to IPR between protection given to its own citizens with that given to citizens of other countries.

4.       Most –Favored-Nation-Treatment è  expediency, favor, privilege or immunity granted by a Member State to the citizens of other countries should be also given to citizens of other members.

5.       Exhaustion è requires that its members in resolving disputes, not to use any provision in any agreement of TRIPS as an excuse not to its optimal setting intellectual property rights in their country

Reflection

Substantively, TRIPS what I learnt helps us protecting the intellectual Property Right as long as the Rights has been ratified either way. I believe that this session may help me to understand how TRIPS helps citizens with their Intellectual Property Rights. More or less, TRIPS basically monitoring the trade globally to watch our IPR limitation.

Discussion

1.       TRIPS in WTO has mainly great role. Describe what are those!

2.       Do you think that IPR may able be resisted without TRIPS? Explain!

Reference

Endang Purwaningsih, 20012, Hak Kekayaan Intelektual [HKI] dan Lisensi,  CV.  Mandar Madju , Bandung, ISBN : 978-979-538-393-2

Huala Adolf, 2005, Hukum Perdagangan Internasional,  PT. RajaGrafindo Persada, Jakarta, ISBN : 979-3654-55-4