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IPRs should not become barriers to world trade: WTO
PTI - New Delhi

WTO member countries must ensure that measures and procedures adopted for the enforcement of intellectual property rights should not become barriers to legitimate trade, World Intellectual Property Organisation (WIPO) said recently.

“Trade related intellectual property rights agreement was intended to reduce distortions and impediments to international trade. Towards achievement of this goal, however, measures and procedures to be adopted for enforcement of IPRS should not by themselves become barriers to international trade,” director WIPO, Mr Mpazi Sinjela said here.

Addressing a seminar on IPRS, he said protection of IPRS would provide a major boost to creativity and inventions while increasing incentive to do more legitimate trade.

“IP protection will act as a catalyst and not as a deterrent and enable governments to derive more taxes,” he said adding there was, however, a need for developing countries to remain vigilant against new forms of piracy particularly in the area of the internet.

Protection and enforcement of the intellectual property rights will contribute to promotion of technological innovation and lead to transfer and dissemination of technology.

He said close to 85 per cent of the patent applications originated from Asia and Pacific countries. In 2001, some of the leading Asian countries in terms of filing patent applications included Korea with over 2200, China with 670 and India with around 200 applications.

Speaking on the sidelines of the seminar, Mr Sinjela said the recent patent bill passed by the Indian parliament was a step in the right direction.

“The Doha declaration contains provisions which allow developing countries to import generic drugs particularly those which have not been able to put in place enabling provisions. It is here that Indian pharma companies can boost their exports,” he said.

Member states will have to ensure that they do a balancing act in enforcing IPRS by not putting up legislations which in the course of time become Draconian laws.

Speaking at he seminar, revenue secretary, Mr S Narayan said a major area of concern for India was export of herbal medicines and software.

“The future for India in terms of strength lies in exporting knowledge. This is where IPRS become important. In contrast, China will grow in the area of small scale industries,” he said.

While there are no estimates of a revenue loss occuring on account of copyright infringement, companies, particularly pharma companies, are suffering income loss on account of spurious drugs.

Industry secretary,Mr V Govindrajan, whose address was read out by joint secretary, Mr A E Ahmed, said enforcement of these rights could be done in a meaningful and effective way only with the support of the government which has to create an effective legislative and administrative framework.

Sustained enforcement, appropriate criminal sanctions and the threat of imprisonment, prompt and thorough prosecutions can deter small operators from counterfeiting and piracy.