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The Furniture Sector in Pakistan: Export performance and ... - TRTA i

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Trade Related Aspects of Intellectual Property Rights (TRIPS)<br />

Many countries entered <strong>in</strong>to <strong>in</strong>ternational agreements (non WTO) to protect creative ideas <strong>and</strong><br />

new knowledge by giv<strong>in</strong>g the creators of these knowledge based assets (called “<strong>in</strong>tellectual<br />

property rights”):<br />

• <strong>The</strong> right to prevent others from “us<strong>in</strong>g their <strong>in</strong>ventions, designs or other creations 13 <strong>and</strong>,<br />

• To use this right to negotiate payment for their <strong>in</strong>tellectual property (IP) rights.<br />

However, protection given to IPRs (by several <strong>in</strong>ternational agreements) was found to be<br />

<strong>in</strong>adequate. This was particularly true as to the level of protection, implementation <strong>and</strong><br />

enforcement. It was, therefore, agreed to develop new <strong>in</strong>ternationally agreed rules. <strong>The</strong> result<br />

was the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)<br />

negotiated <strong>in</strong> the Uruguay Round of MTN that sought to reduce distortions <strong>and</strong> impediments to<br />

<strong>in</strong>ternational trade through promot<strong>in</strong>g effective <strong>and</strong> adequate protection of <strong>in</strong>tellectual property<br />

rights.<br />

<strong>The</strong> Agreement spells out the way that basic pr<strong>in</strong>ciples of trad<strong>in</strong>g order <strong>and</strong> other <strong>in</strong>tellectual<br />

property agreements should be applied. <strong>The</strong> “MFN” <strong>and</strong> national treatment requirement have<br />

constituted key elements of the architecture of the agreement on the TRIPs. This Agreement<br />

has also required members to comply with pre-exist<strong>in</strong>g agreements govern<strong>in</strong>g IPRs. It was<br />

explicitly provided that noth<strong>in</strong>g <strong>in</strong> the TRIPs Agreement shall derogate from exist<strong>in</strong>g<br />

obligations as spelled out <strong>in</strong> the Paris Convention, the Berne Convention, the Rome<br />

Convention <strong>and</strong> the Treaty <strong>in</strong> respect of Integrated Circuits.<br />

<strong>The</strong> TRIPs Agreement markedly narrowed the gaps <strong>in</strong> the manner these rights were<br />

recognized, protected <strong>and</strong> enforced among trad<strong>in</strong>g nations. It also provides for settlement of<br />

disputes through the WTO dispute settlement system. <strong>Pakistan</strong>, <strong>in</strong> compliance with the TRIPS<br />

Agreement, has enacted new legislation (IPO law) as well as effected amendments <strong>in</strong> the<br />

exist<strong>in</strong>g laws relat<strong>in</strong>g to patents, copyrights <strong>and</strong> Trademarks.<br />

Relevance for the furniture sector:<br />

<strong>The</strong> TRIPs Agreement is directly relevant for the furniture sector.<br />

Protection of designs <strong>and</strong> trademarks<br />

• <strong>Furniture</strong> designs can now be protected through gett<strong>in</strong>g them registered under the<br />

Industrial Designs Ord<strong>in</strong>ance (2000). <strong>The</strong> furniture <strong>in</strong>dustry should seriously consider<br />

register<strong>in</strong>g any <strong>in</strong>novative <strong>and</strong> special design so these be fully protected.<br />

• <strong>The</strong> well-established companies would be also well advised to get their trade marks<br />

protected.<br />

• <strong>The</strong> quality of protection has significantly improved. By the same token the furniture<br />

<strong>in</strong>dustry <strong>in</strong> <strong>Pakistan</strong> cannot copy some one else’s designs or trade marks. <strong>Pakistan</strong>i<br />

furniture manufactures <strong>and</strong> exporters will be well advised to comply with the provisions<br />

of the TRIPs Agreement.<br />

13<br />

This Agreement fixed m<strong>in</strong>imum levels of protection that each member of the WTO is required to provide<br />

to <strong>in</strong>tellectual property rights of other members.<br />

International Trade Centre 63

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