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What is Trade Related Aspects of Intellectual Property Rights (TRIPS)?

Trade-related aspects of intellectual property rights (trips) covers most forms of intellectual property including copyright, patents, geographical indications, trademarks, industrial designs, trade secrets, and exclusionary rights over new plant varieties. trips came into force on 1 january 1995. .

Intellectual Property Rights are the rights given to persons/agencies for their creativity/innovations. These rights usually give the creator, an exclusive right over the use of his/her creation for a certain period of time. The importance of intellectual property in India is well established at all levels- statutory, administrative and judicial.

This Agreement, inter-alia, contains an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which came into force from 1st January 1995. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade.

The obligations under the TRIPS Agreement relate to provision of minimum standard of protection within the member countries legal systems and practices.

The Agreement provides for norms and standards in respect of following areas of intellectual property:

• Patents

• Trade Marks

• Copyrights

• Geographical Indications

• Industrial Designs

The basic obligation in the area of patents is that, the invention in all branches of technology whether products or processes shall be patentable if they meet the three tests of being new involving an inventive step and being capable of industrial application.

In addition to the general security exemption which applied to the entire TRIPS Agreement, specific exclusions are permissible from the scope of patentability of inventions, the prevention of whose commercial exploitation is necessary to protect public order or morality, human, animal, plant life or health or to avoid serious prejudice to the environment.

What are the Key Features of Companies Act, 2013?

The TRIPS Agreement provides for a minimum term of protection of 20 years counted from the date of filing.

India had already implemented its obligations under Articles 70.8 and 70.9 of the TRIPS Agreement.

Acts related to Patents

• The Patents Act, 1970

• The Patents (Amendment) Act, 1999

• The Patents (Amendment) Act, 2002

• The Patents (Amendment) Act, 2005

Rules pertaining to Patents

• The Patents Rules 2003

• The Patents (Amendment) Rules 2005

• The Patents (Amendment) Rules 2006

Trade Marks

Trade Marks have been defined as any sign or any combination of signs capable of distinguishing the goods or services of one undertaking from those of other undertakings. Such distinguishing marks constitute protectable subject matter under the provisions of the TRIPS Agreement. The Agreement provides that initial registration and each renewal of registration shall be for a term of not less than 7 years and the registration shall be renewable indefinitely. Compulsory licensing of Trade Marks is not permitted.

Act related to Trade Marks

• Trade Marks Acts

• Trade Marks Act, 1999

• New Elements in the Trade Marks Act, 1999

India’s copyright law, laid down in the Indian Copyright Act, 1957 as amended by Copyright (Amendment) Act, 1999, fully reflects the Berne Convention on Copyrights, to which India is a party. Additionally, India is a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and to the Universal Copyright Convention. India is also an active member of the World Intellectual Property Organisation (WIPO), Geneva and UNESCO.

The copyright law has been amended periodically to keep pace with changing requirements. The recent amendment to the copyright law, which came into force in May 1995, has ushered in comprehensive changes and brought the copyright law in line with the developments in satellite broadcasting, computer software and digital technology. The amended law has made provisions for the first time, to protect the performer’s rights as envisaged in the Rome Convention

Several measures have been adopted to strengthen and streamline the enforcement of copyrights. These include the setting up of a Copyright Enforcement Advisory Council, training programs for enforcement officers and setting up special policy cells to deal with cases relating to infringement of copyrights.

Acts related to Copyrights

• The Copyright (Amendment) Act, 2012

• Copyright, Act 1957

• Copyright Rules, 1958

• Copyright Handbook

• International Copyright Order, 1999

• Copyright Piracy in India

• Amendments in the Act

Geographical Indications

The agreement contains a general obligation that parties shall provide the legal means for interested parties to prevent the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good.

There is no obligation under the Agreement to protect geographical indications which are not protected in their country of origin or which have fallen into disuse in that country.

A new law for the protection of geographical indications, viz. the Geographical Indications of Goods (Registration and the Protection) Act, 1999 has also been passed by the Parliament and notified on 30.12.1999 and the Rules made there under notified on 8-3-2002.

Industrial Designs

Industrial designs refer to creative activity which results in the ornamental or formal appearance of a product and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs are an element of intellectual property.

Under the TRIPS Agreement, minimum standards of protection of industrial designs have been provided for. As a developing country, India has already amended its national legislation to provide for these minimal standards.

The essential purpose of design law it to promote and protect the design element of industrial production. It is also intended to promote innovative activity in the field of industries. The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments.

India has also achieved a mature status in the field of industrial designs and in view of globalization of the economy, the present legislation is aligned with the changed technical and commercial scenario and made to conform to international trends in design administration.

Conclusion:

It’s a hot discussion that will India get benefitted from this new regime of World Trade Organisatoin, as we know that near about 80% of patents & copyrights of different goods and services are owned by the developed countries of the world?

What is the National Manufacturing Policy of India?

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All about the TRIPS agreement and compulsory licensing

This Article is written by Charul Mishra , from Symbiosis Law School, Hyderabad. In this article, the author has dealt with the importance of the TRIPS Agreement in the security of Intellectual Property Rights and various aspects of Compulsory Licensing.

Table of Contents

Introduction

In the current times, various intellectual inventions and creativities have a huge importance in this world. While these creativities and ideas become popular and successful, their promotion and protection become very important for the inventor. The protection importantly needed for the trade secrets and layout-designs of the integrated circuits. Moreover, the trademarks and the other intellectual property rights have to be protected in order to guarantee genuineness to the clients of the inventor. In the global trade arena, the extent of products and ventures comprising licensed innovation has expanded drastically, and if the protected innovation security offered by nations is insufficient, then there is a huge threat of contorting the International trade security. 

Nonetheless, in developing nations, even though frameworks existed for the security of licensed innovation, there were numerous nations where the standard of security was insufficient, for instance, the degree of security was restricted or the time for which the work could be protected was bindingly short, or requirement of licensed innovation rights couldn’t be destined to be adequately viable. Indeed, even among developing countries, there were a few nations with frameworks that gave a lot of protection to the new and successful innovations.

Trips: brief background and overview

Beginning of trips agreement.

The IP system is a tool for public policy and it generally aims to promote economic, social and cultural progress by encouraging creative work and technological innovation. In particular, copyright protection and related rights aim mainly at promoting and rewarding creative work. This offers writers and designers a chance to create a profit through their jobs. Other than as an invitation to writers, copyright effectively creates an economic base for cultural and consumer sectors until the privileges of publishers and manufacturers have been approved or delegated.

Hence, for improving global trade security, there is an expanding acknowledgement of the need to build up a structure to guarantee suitable protection to recent innovations. In the licensed innovation field, as of now, there existed various treaties for the global security of the new and genuine innovations, for example, the Paris Convention identified with modern property rights including licenses and trademarks, and the Berne Convention concerning copyright. In any case, with more accentuation being put on the Trade-related areas of Secured innovations, it was viewed as a dire undertaking to achieve global treaty with regards to GATT , with however many countries as could be expected under the circumstances taking part, concerning guidelines of insurance of protected innovation related with Trade. At present, discussions on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have become one of the major innovative areas for discussion in the Uruguay Round of GATT, which began in 1986. Along with other agreements to be concluded in the Uruguay Round, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) was finally concluded at a ministerial meeting in Marrakech, Morocco, in April 1994, and entered into force as part of the WTO Agreement on 1 January 1995.

Organization and process of the TRIPS agreement

The World Trade Organization (WTO) is the legal and administrative framework for the management and growth at the multilateral level of international ties between its 157 members. It aims at creating equal and secure foreign trading arrangements in order to promote exchange & investment and increase worldwide living standards. It is the successor of the former GATT 1947, which was a multilateral agreement. The year’s trade deal was concluded. Under GATT auspices, further trade liberalization was followed up by “trade rounds” with the aim of further cuts in tariffs and enhanced rules.

The Uruguay Round was the 8th round and most detailed phase of trade negotiations. The talks started in 1986 and concluded in 1994. A further significant decrease of customs duties worldwide, the liberalization of textiles and agriculture trading and the adoption of improved laws, was the main outcome of the Uruguay Round. The trading system has also been expanded to new areas of unprecedented commercial relations, including trade in services and intellectual property. The growing economic value and the rising share of these two fields of foreign trade are expressed in this. Moreover, the results included developing a strengthened and integrated dispute settlement system applicable to agreements covered by the World Trade Organization ( WTO).

The TRIPs Agreement covers the protection of intellectual property in trade-related regions to a considerable degree and is seen as a wide-ranging new framework for the protection of intellectual property standards. Furthermore, the TRIPs Agreement has the additional value of being the first legal deal covering all aspects of intellectual property with a variety of concrete clauses. The issues of the defence of intellectual property rights were first addressed at GATT at the Tokyo Round in 1978 as an international trade concern. The Tokyo Round discussed and coordinated policy on international rules to strengthen strategies against counterfeit goods. The World Intellectual Property Organization (WIPO), a specialist body of the United Nations, also addressed the intercontinental security of an intellectual property. Nonetheless, in the sense of WIPO, a variety of issues have been found, including the reality that treaties are impossible to execute, and the WIPO General Assembly may only propose corrective measures; furthermore, the ratification of treaties is focused on the concept of an agreement by all Members, and whether or not the Member States accede to the Treaty is solely left to them.

Consequently, the United States, which wished to strengthen international intellectual property protection, presented the problems of developing countries, their IP protection systems and their management as problems of trade, and, in an attempt to resolve these issues, urged “Trade-related aspects of intellectual property, including trade in counterfeit goods” (TRIPS) to be treated as a bargaining item. Thus, at the GATT ministerial meeting held in Punta Del Este, Uruguay, in September 1986, it was decided to open negotiations on the GSP. The discussion continued and, in January 1987, a decision was made to set up negotiation proposals and bargaining committees in 15 areas. When it was explained why, despite the heated debate between developed and developing countries, all the countries participating in the discussion agreed on the ADPIC negotiations, the Uruguay Round Agreement was adopted in the form of a single, overall undertaking. Although the TRIPS agreement itself, which resulted from the TRIPS negotiations, was disadvantaged to the developing countries, there were other negotiating areas, such as agriculture and textiles, that brought about results that benefited developing countries.

Compulsory licensing

The provisions of the Paris Convention relating to the protection of patents included the right to a priority scheme, the patents’ freedom in different countries, the appointment of the inventor to the patent, the patentability of inventions in cases of restrictions on the sale, mandatory authorizations for the non-workable time in cases of fee payment, the restitution of patents or cases of non-committal. However, there are no substantive provisions relating to patent protection in the Paris Convention, including the patentable subject-matter, effects of patent rights and duration of patent protection. It was also problematic because compulsory license provisions were unclear in cases of failure to work. Accordingly, the terms of the TRIPS agreement provide for patentable subject-matter, the consequences of patent rights, the duration of patent protection and other specific provisions relating to patent protection. Detailed and express provisions concerning compulsory licences are also available.

Conditions for compulsory licensing under TRIPS

The TRIPS Agreement lays down specific and comprehensive rules relating to mandatory licences, for which the right holder has not been approved, for certain purposes so as to ensure they are provided in certain cases by clarifying the conditions in which these can be issued. The following are the relevant provisions:

• Such usage shall be considered in accordance with its merits. 
• This usage can only be allowed if the proposed user has made attempts, in the light of fair business conditions before such usage, to obtain permission from the right holder and has failed to do so within a reasonable period of time. 
• This shall be restricted to the reason for which the application has been approved and only for non-profit public use or to remediate a practice found to be anticompetitive following the judicial or administrative process with respect to semiconductor technology.
• This use is non-exclusive. This use is not assignable except for the part of the organization or 33 goodwill that profits from that use. Every such use shall primarily be approved by the Member approving such use for the supply of the internal market. Subject to reasonable security of the legitimate interests of the individuals so allowed, the authorisation for such use shall be liable for termination if and where the circumstances leading to it cease to occur and are unlikely to recur.
• In each case, in accordance with the economic value of the authorisation, the right holder shall receive sufficient remuneration.
• Members shall not apply the above terms where such use is permitted to remedy a practice established as anti-competitive following a judiciary or administrative process. Where such use shall be allowed in the absence of an infringement of another patent, the following further conditions shall apply: (a) substantial technological progress made with regard to the invention claimed in the second patent, with a major economic significance as regards the invention in the first patent, (b) an owner of the first Valid patent and (c) the usage permitted for the first patent, except with the assignment of the second patent, shall not be assignable.

This article can be concluded by stating that apart from the importance of the TRIPS treaty, still, there are various contentions and loopholes of the Treaty which have been raised by the developing country. Apart from such tensions, the TRIPS Agreement is considered as the most comprehensive regime which happened to protect Intellectual property rights. It supplements and manifests the old conventions regulating IPRs, of which the most important were first drawn up at the end of the 19th century. Certainly, these conventions were updated regularly, often in Paris, to facilitate a quasi-uniform international control of intellectual property and copyrights gradually and incrementally. But compared to the outcomes of these revision exercises, the TRIPS Agreement represents a significant conceptual leap that fundamentally alters not only the sense in which IPRs are viewed internally, but also their practical sense, and the methods for implementing and resolving disputes. Thus, IP has taken a big jump with the Agreement on Globalization and TRIPS. This is all the more shocking as IP’s political economy has moved from the periphery to a far more central position in global policy analysis in the last decades. In 2007, the IP question was no longer considered solely a technical concern of interest only to lawyers and professional policy analysts.

Of course, it should be noted that the extraordinary importance of IPRs, especially patents, has come with the boom of the industrial economy. Besides, the TRIPS has also started working well with the position of the status of WIPO as the UN’s only professional agency on global intellectual property issues. Salmon argues that TRIPS was after all a good business for WIPO, not only because it incorporated the provisions of the fundamental treaties of the WIPO, the Paris Conventions and the Berne Conventions as its basis, but also because it provided the opportunity for the WIPO to restore itself quickly to the confidences of the developed countries. Although WTO has been a leading body for dealing with global IP problems since the implementation of TRIPS, WIPO has never been in dispute with the former.

• https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm
• https://link.springer.com/referenceworkentry/10.1007%2F978-1-4614-7753-2_563
• https://scholarship.law.tamu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1456&context=facscholar
• https://www.who.int/mediwcines/areas/policy/wto_trips/en/

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Towards The TRIPS Agreement

By Arunima Singh , Amity University

Editor’s Note: The TRIPS Agreement aimed not only at protection of the Intellectual Property rights but their due enforcement as well. The Agreement, thus, sets out minimum standards to be established and also provides for the administrative and civil mechanisms for enforcement. These minimum standards for the enforcement of IPR allow right holders to protect their legitimate interests through civil courts or administrative proceedings. However, considering the innovations in technological fields, increased patent filing, new symbols being created everyday and works requiring copyrights, IPR enforcement needs to be strengthened further.

Why IP Protection?

IP rights are exclusive rights given to the creator of an innovation for a fixed period of time during which reproduction of the said work without the permission of the innovator or owner attracts liability.

IP rights are given by the society through the State to its subjects as incentive to disseminate and produce such ideas that benefit the society as a whole. [i] These rights are not like Fundamental Rights guaranteed in the Constitution but Statutory rights enacted by the law making authority of the country.

What is The Background Of The TRIPS Agreement?

Bretton Woods was the first agreement to be reached upon in 1944 by various countries to govern the International Monetary policy. It created two institutions (also known as Bretton Woods Institutions) namely International Bank for Reconstruction and Development (IBRD) in 1945 and International Monetary Fund (IMF) in 1946. Subsequently the General Agreement on Tariffs and Trades (GATT) was established in 1947 to harmonize world trade.

Until the establishment of World Trade Organisation (WTO) in 1995, GATT was the only multilateral instrument governing world trade since 1948. [ii] A total of eight rounds of negotiations were held under GATT out of which first five rounds concentrated exclusively on tariffs while the sixth round included discussions on anti-dumping measures as well which included provisions for member nations to control the dumping of goods by other nations into their territory which can affect the member nation’s economy. The last GATT round was the Uruguay Round (1986-1994). It was this round when for the first time discussions were held on trade related to agriculture, services and IPR. After long discussions and complex negotiations, finally in 1994, WTO was established in 1994 and became effective from 1st January 1995. All the 123 nations that participated in the Uruguay Round became the members of WTO including India. At present there are 153 members of WTO i.e. almost 90% of World’s nations. WTO is responsible for the negotiation and implementation of new trade agreements. It is also in charge of ensuring strict adherence to the trade agreements signed by majority of the world’s trading nations.

One of the most important agreements of WTO is the TRIPS Agreement. This Agreement came into force on 1 st January, 1995. The TRIPS Agreement (forthwith referred to as ‘the Agreement’) is an International agreement administered by WTO and it sets down the minimum standard for many forms of intellectual property regulations. The Agreement is till date the most comprehensive agreement of a multilateral nature on IP. Following areas of Intellectual Property are covered under the Agreement:

• Copyrights and Related rights (like the rights of performers, producers of sound recordings and broadcasting organizations)
• Trademarks (also service marks)
• Geographical Indications (including appellations of origin)

Industrial Designs

• Patents (including protection of new variety of plants)
• Layout-designs of Integrated Circuits
• Undisclosed Information (Trade secrets and Test data)

The Agreement is a seven-part document containing complex provisions with respect to Intellectual Property rights. Following is a brief description of the structure of the Agreement:

Part I:  The general provisions and the basic principles of National Treatment and Most Favoured Nation are covered under this part. ( Article1 to Article8)

Part II: The standards concerning availability, scope and use of Intellectual Property Rights is covered under this part. (Article9 to Article40)

Part III: This part deals with the enforcement of IPRs. ( Article41 to Article61)

Part IV: This part addresses the provisions for acquiring and maintaining IPR. ( Article62 )

Part V: This part deals with prevention and settlement of disputes arising out of the provisions of the Agreement. (Article63 to Artcile64)

Part VI: Part VI is concerned with transitional agreements. (Article65 to Article67)

Part VII: This part of the Agreement concerns various institutional agreements. (Article68 to Article73)

What Are The Issues Governed By The Agreement?

With respect to the aforementioned intellectual property areas, the Agreement governs issues like application of international IP agreements and basic principles of the trading system, adequate protection to IPRs, adequate enforcement of IPR by member nations in their territories, settlement of disputes on IP between the members of WTO, special transitional arrangements during the period when the new system is being introduced. The Agreement is the first agreement under WTO which requires member nations to establish relatively detailed norms within their respective legal frameworks, as well as to establish such measures of enforcement and such procedures which meet the minimum standards. The three important features of this agreement are:

• Standards – In respect of each of the IP areas covered by the Agreement, all member nations are obliged to provide a minimum set of standards for the protection of IPRs. Each area of IP is covered such that it clearly describes the main elements of protection i.e. the subject matter which seeks protection, rights which are to be conferred and permissible exceptions to such rights and also the minimum duration of protection.
• Enforcement – Each member nation is obliged to provide domestic procedures and remedies with respect to protection of IPR. Further, the agreement lays down certain other provisions so that right holders can effectively enforce their rights. These provisions relate to civil and administrative procedures and remedies and detailed specifications as to special requirements related to border measures and criminal procedures.
• Dispute Settlement – All the disputes arising between members of WTO with respect to the obligations arising out of the TRIPS Agreement are subject to WTO’s dispute settlement procedures. [iii]

General Provisions And Basic Principles

Article 1 of the agreement provides for the member nations to implement the provisions of the agreement in such way as member nations deem appropriate, that is to say, the standards of provisions of this agreement are a ‘minimum’ which is to be maintained at the ground level and the nations can further invoke an extensive protection domestically. An IPR acquired in one country cannot be enforced in another country. The minimum standard maintenance and basic enforcement standards enshrined in the TRIPS Agreement make it flexible for member nations to one, enforce the aforementioned basic standards; two, implement higher levels of protection domestically thus leaving the Members to have ‘TRIPS plus ’ laws and regulations. These higher standards are now making appearance on the world trade timeline as Free Trade Agreements (FTA) entered into between trading partner nations. However, since these agreements establish standards much higher than those of the TRIPS Agreement, they may take away the flexibilities which exist in the Agreement. Articles 3 and 4 constitute the fundamental principles of the agreement.

            Article 3 deals with National Treatment commitment. It reads as following:

“1.       Each Member shall accord to the nationals of other Members treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property, subject to the exceptions already provided in, respectively, the Paris Convention (1967), the Berne Convention (1971), the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits. In respect of performers, producers of phonograms and broadcasting organizations, this obligation only applies in respect of the rights provided under this Agreement. Any Member availing itself of the possibilities provided in Article 6 of the Berne Convention (1971) or paragraph 1(b) of Article 16 of the Rome Convention shall make a notification as foreseen in those provisions to the Council for TRIPS.                                                2.       Members may avail themselves of the exceptions permitted under paragraph 1 in relation to judicial and administrative procedures, including the designation of an address for service or the appointment of an agent within the jurisdiction of a Member, only where such exceptions are necessary to secure compliance with laws and regulations which are not inconsistent with the provisions of this Agreement and where such practices are not applied in a manner which would constitute a disguised restriction on trade.”

This article calls for the member nations to accord such treatment to the nationals of other member nations as the former would grant to its own nationals with regard to protection of Intellectual Property Rights. This article also recognises certain exceptions already provided in the Paris Convention (1967), the Berne Convention (1971), the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits.

Article 4 deals with Most Favoured Nation Treatment. It reads as follows:

“ With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Members. Exempted from this obligation are any advantage, favour, privilege or immunity accorded by a Member:

(a) deriving from international agreements on judicial assistance or law enforcement of a general nature and not particularly confined to the protection of intellectual property;

(b) granted in accordance with the provisions of the Berne Convention (1971) or the Rome Convention authorizing that the treatment accorded be a function not of national treatment but of the treatment accorded in another country;

(c) in respect of the rights of performers, producers of phonograms and broadcasting organizations not provided under this Agreement;

(d) deriving from international agreements related to the protection of intellectual property which entered into force prior to the entry into force of the WTO Agreement, provided that such agreements are notified to the Council for TRIPS and do not constitute an arbitrary or unjustifiable discrimination against nationals of other Members.”

According to this article, any advantage, favour, privilege or immunity accorded to the nationals of one member nation by another member nation shall automatically be accorded to all the other member nations except for the exceptions mentioned above from sub-clause (a) to (d).

Elements of Protection and Relating Provisions

Copyrights and related rights.

The protection of copyrights extends to expressions but not to ideas, procedures, methods of operation and mathematical concepts [iv] . Computer Programs, both in source and object codes are protected by virtue of the Berne Convention (1971) and compilation of data in machine readable or other forms constitute intellectual creations by reason of the selection or arrangements of their contents and thus are subject to protection [v] in the Agreement. Rental right that is the right to authorize or to prohibit commercial renting to the public of originals or copies of protected work is provided to authors in respect of computer programs and cinematographic works. However, such right is subject to the exception that if granting rental rights lead to widespread copying of such works further leading to impairment to the exclusivity of the work then member nations can take back such rights [vi] . The term of protection extends up to not less than 50 years as per Article12.

Performers (their performances) and broadcasting organisations have been granted protection such that fixation of unfixed performance and reproduction of such fixation without due authorization attracts liability. Further, performers and broadcasting organisations also have the right to prevent broadcast of their performances and public communication of the same without authorization. Producers of phonograms enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.

Article 15 of the Agreement recognises any sign or combination of signs, personal names, letters, numerals, figurative elements, combinations of colours and combinations of any of the above as eligible for registration as trademarks. However, where signs are not inherently distinguishable, registrability depends on distinctiveness acquired through use. Member nations may require, as a condition of registration, that signs be visually perceptible. For initial registration and each renewal of registration of a trademark a term of protection is no less than seven years. The registration of a trademark is renewable indefinitely.

Also, nature of a trademark does not act as an obstacle to its registration. Article 16 provides that owner of a trademark has the exclusive right to prevent all third parties from using identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered. Compulsory licensing of trademarks is not permitted by the Agreement that is to say the owner of the trademark owns the right to assign the trademark with or without the transfer of the business to which the trademark belongs.

Geographical Indication

As per Article 22, Geographical Indications are those indications which identify a good as originating in territory of a member nation where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Under the provisions of the Agreement, a member nation can prohibit other member nations from the use of any designation or presentation of any goods that indicates or suggests that those goods originate from a geographical area other than the true place of origin in a manner which misleads the public. The term of protection for Geographical Indication is eternal.

Article 27 of the agreement deals with patents, patentability of processes and inventions. The patentable subject matter according to the Agreement constitutes any inventions, whether products or processes, in all fields of technology, provided that they are novel, involve an inventive/innovative step and are capable of industrial application. However, the following have been excluded from the ambit of patentability:

• Diagnostic, therapeutic and surgical methods for the treatment of humans or animals.
• Plants, animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.

Under the provisions of the Agreement the member nations have to provide protection for plant varieties either by patents or by an effective sui generis system or by any combination thereof. The term of protection available is usually 20 years counted from the filing date of the patent application. Under provisions of Article 21 of the Agreement, member nations may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties. Further, Article 29 makes it imperative that the patent application discloses the invention in a manner which is sufficiently clear and complete for the invention to be carried out by a person skilled in the art. The same Article further provides that member nations can call upon applicants to also keep a check on the corresponding foreign applications. Article 31 of the Agreement has provisions that allow grant a compulsory license for pharmaceuticals by the government of a member nation without the consent of the patentee: subject to certain conditions. Compulsory license may be allotted only in the following conditions are fulfilled:

• Firstly, prior negotiations with the patent holder by the person/company applying for the license on reasonable terms. Only if these negotiations fail can a compulsory license be issued.
• Secondly, after the issuing of a compulsory license the owner of the patent has to be paid adequately. The Agreement says “the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization”, however, it does not define “adequate remuneration” or “economic value”. Therefore, compulsory licensing ought to meet certain additional requirements.

As per Article 31, the following provisions have to be respected if a license is granted without the authorization of a patent holder:

• Authorization of such use shall be considered on its individual merits;
• Such authorization shall only be considered if the proposed user has made significant efforts to obtain the authorization from the right holder on reasonable commercial terms. However, this right is subject to waiver by state in case of a national emergency;
• The scope and duration for such license shall extend only up to the time as the purpose of its granting required;
• The use is to be non-exclusive;
• The license shall be non-assignable;
• Any such use shall be authorised predominantly for the supply of the domestic market of the member authorizing such use;
• Such a license shall stand terminated once the circumstances which required adequate protection of the legitimate interests of the license holder cease to exist;
• The right holder shall be granted adequate remuneration;
• The legal issues arising to the license shall be addressed by a distinct higher authority;
• In case, a patent “second patent” cannot be exploited without infringing another patent “first patent” then certain conditions are to be applied given further in the Article.

            Articles 25 and 26 of the Agreement deal with Industrial Designs. Member nations have to provide for the protection of independently created industrial designs that are innovative and original. Designs can be denied protection on the ground that they are not new or original or do not significantly differ from the known design features. The term of protection of Industrial Designs is 10 years from the creation of the industrial design.

Lay-out Designs (Topographies) of Integrated Circuits

The Agreement in Article 36 provides that importing, selling, or distribution (for commercial purposes) of a protected layout-design, an integrated circuit in which a protected layout-design is incorporated, or an article incorporating such a circuit is unlawful. The protection provided in this field of IP is not less than 10 years from the date of filing of application for lay-out designs. However, member nations may limit the duration of protection up to fifteen years from the date of creation of the lay-out design as per Article 37 .

Protection of Undisclosed Information

Undisclosed Information is also called a Trade Secret. The Agreement vide Article 39 obligates member nations to offer protection for trade secrets as per the provision of the Agreement. Undisclosed information is considered as Trade Secret if:

• It is not readily accessible to persons within the circles that normally deal with the kind of information in question;
• It has commercial value because it is secret; and
• The information has been subject to steps for its maintenance as a secret by the person lawfully in control of the information.

RIGHTS AND RESPECTIVE PROTECTION AT A GLANCE

Enforcement of intellectual property rights.

The TRIPS Agreement aimed not only at protection of the Intellectual Property rights but their due enforcement as well. The Agreement, thus, sets out minimum standards to be established and also provides for the administrative and civil mechanisms for enforcement. These minimum standards for the enforcement of IPR allow right holders to protect their legitimate interests through civil court or administrative proceedings.

It is not required for a WTO member nation to establish special or separate courts for IPR, or specially allocate resources, like human resources, special offices for enforcement, etc. for IPR enforcement. Part III of the Agreement on Enforcement of IPR sets out the obligations on member nations to establish administrative and judicial mechanisms through which IPR holders can seek effective protection of their interests. The general obligation of member nations to provide enforcement mechanisms requires that enforcement procedures should be available under their national law so as to permit effective action against any act of infringement of IPR covered by the Agreement, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements.

As per Article 41, member nations are obligated to ensure that enforcement procedures are “fair and equitable”, and “not unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays.” Regarding the civil administrative procedures and remedies, the Agreement provides for equal rights for both the defendant and complaining parties. The rules of the Agreement provide that both parties should have the opportunity to present and contest evidence, and that adequate remedial measures should be available. The Agreement permits member nations to exclude the grant of injunctions in circumstances involving compulsory licenses and other uses.

The Agreement obligates member nations to make provision for the ordering of prompt and effective provisional measures to prevent entry of infringing goods into channels of commerce and preserve evidence against such infringing goods and their traders. This means that the IPR holder should be entitled to seek a prompt action against the infringement, whether or not the party alleged to be acting in an infringing manner can be notified and given opportunity to be heard. With respect to Border Measures, the Agreement requires member nations to allow certain right holders to prevent release by customs authorities of infringing goods into circulation especially, with respect to counterfeit trademarks and pirated copyright goods. The Agreement also provides for certain Criminal Measures (penalties) for trademark counterfeiting and copyright piracy on a commercial scale.

Dispute Settlement and Prevention:Mechanisms

Part V of the agreement deals with dispute settlement and prevention. Article 63 establishes the transparency requirements . Under these requirements there is an obligation on the part of member nations to publish or otherwise make available legal texts such as laws and judicial decisions. The provisions related to dispute settlement and prevention is governed by the TRIPS council . Article 63 establishes an obligation to notify laws and regulations to the TRIPS Council or to World Intellectual Property Organization (WIPO) for the common register, which contains a compilation of laws and regulations, final judicial decisions, etc. pertaining to the Agreement, should that be decided upon.

Member nations are obligated to furnish applicable rules or decisions, or sufficient details about them, at the request of member nations who reasonably believe their rights may be affected. Confidential information is entitled to protection . Each member nation is required to be prepared to supply, in response to a written request from another member nation, the information regarding Law, rulings, Judicial decisions and administrative rulings pertaining to the subject matter of the Agreement (the availability, scope, acquisition, enforcement and prevention of the abuse of IPR).

Article 64 deals with the dispute settlements. The Articles XXII and XXIII of GATT 1994 as described and applied by the Dispute Settlement Understanding (WTO’s procedure for resolving the trade quarrels) also apply to consultations and the settlement of disputes under the Agreement except as otherwise specifically provided. Article XXIII of the GATT 1994 provides for three types of cause of action (a set of facts sufficient to justify a right to sue) in GATT dispute settlement: “violation”, “non-violation” and “situation”.

TRIPS: The Indian Context

India became a signatory of the TRIPS Agreement in the year 1994 but this Agreement entered into force on January 1, 1995 and came across in the world scenario as the most important multilateral agreement on Intellectual Property. By setting out minimum standards of IP rights internationally, the Agreement encourages trade and technology transfer between countries. The Patent Act, 1970 was in contravention with Article 27 of the Agreement [vii] . In order to completely comply with the Agreement, India needed to take necessary measures in the grace period. The Agreement provided a three stage framework for strengthening the IP regime in developing countries like India which did not allow product patents in the areas of pharmaceuticals and agricultural chemicals (patent applications for which are also known as ‘mail-box’ applications) before the Agreement came into force. These stages are described as follows:

• Introduction of Mail-box facility from 1 st January, 1995 for product patents in the field of agrochemicals and pharmaceuticals. These mail-box applications were not examined until 2004. But Exclusive Marketing Rights (EMR) were granted for such applications for which a patent had been granted in at least one member nations and the application was not rejected in that member nation where the said patent was sought for the reason non-patentability of the invention.
• Compliance with other obligations of the Agreement such as, rights of Patentee, term of protection, compulsory licensing, etc. From 1 st January, 2000.
• Full implementation of product patents in al technological domains including mail-box applications e.f. 1 st January, 2005. Also, in the case of Agouron Pharmaceuticals Inc v Controller of Patents, the Hon’ble High Court of Kolkata held that applications filed prior to 1 st January, 2005 were to be considered in accordance with the Patents Act, 2005. As a result, all mail-box applications were to be taken for examination from the abovementioned date.

Thus, the Agreement came into force in India in January, 2005. TRIPS changed the face of IP in the world as many developing countries, including India [viii] , which had weak IPR mechanisms had to extensively revise, amend and create their patent laws, or where there were no IPR regimes (the most important examples being plant variety protection, lay-out designs and geographical indications) had to put in place an entirely new IPR regime. However, implication of the Agreement and the regime so incorporated has its own pros and cons.

The revision of Patent laws brought into existence a stronger patent protection mechanism which is at par with the international standards or the standards set out in the Agreement. The result of this has been positive for India as foreign investors were encouraged to invest in India. It can be expected that the domestic investment might not respond to the stronger patent regime but Foreign Direct Investment (FDI) might. Further, the research and development ( R&D ) expenditures of the domestic players tremendously increased in post Agreement period as compared to the pre-agreement period.

Another positive implication is more technological in nature. The availability of products ought to be better with stronger IPR protection. However, the prices of these better and patented products may not be affordable for majority of the population.

Investments from domestic as well as foreign sector have risen in the field of seeds and agriculture. That is, post the Agreement, stronger protection regimes have encouraged domestic private sector as well as foreign firms to invest in R&D for the development of better seeds. Many Geographical Indications and methods in Traditional Knowledge which are of importance to the domestic industry of India have got protection and have encouraged investment in these sectors, for example: Darjeeling Tea. Also, patent revocation [by U.S. Patent Office (USPTO)] of Curcuma longa Linn (turmeric) and Azadirachta indica A. Juss (neem) after actions from Indian residents in U.S courts have also created a positive atmosphere for creation of protection laws for Traditional Knowledge (TK), a very new form of IP.

When the Indian parliament passed the new patent law in 2005, it not only brought back product patents, but also granted all patents a term of 20 years. Moreover, the new law paved way for the formation of the Intellectual Property Appellate Board , a specialised judiciary to hear the IP cases. [ix]

This transition has been chaotic. Patent litigations have increased three-fold since 1995, and many of these have been highly controversial and long-drawn affairs. Interestingly, it appears that the courts are also grappling with how to balance the pro-innovation and anti-competitive effects of IPR. The court battle of Cipla and Roche is one such instance. In early 2009, the Delhi High Court rejected a temporary injunction against Cipla for manufacturing a copy-cat version of the drug Erlotinib , manufactured by Roche, to treat lung cancer. Roche claimed that rejection of its plea would be against public interest and hurt R&D. Cipla argued that granting an injunction would deprive the needy of an important drug. Although the main reason for rejecting Roche’s plea was its inability to prove that Erlotinib was substantially more efficacious, the judgment received a lot of publicity due to certain observations by Justice Bhatt, who decided this case. Noting that Roche’s original drug was at least three times more expensive than the copy-cat version and was not manufactured in India he opined:

            “… I come to the interesting and novel point as to whether the court ought ever, and in particular, in this case to exercise its discretion to grant an injunction the effect of which will be, temporarily at any rate, to deprive members of the public of the benefit of a ‘life saving drug which may be prescribed’… If the evidence shows it to be the fact there may and well be cases where it would make little, if any, difference to the public, apart from satisfying personal preference, whether a particular drug was no longer available or not, then in such a case it may well be proper to grant an injunction. At the other end of the scale, however, there is the unique life-saving drug where, in my judgment, it is at least very doubtful if the court in its discretion ever ought to grant an injunction…” [x]

Roche vs. Cipla [xi] is just one instance of how IPR’s enforcement has been at odds with the actual intent behind the law. Since 2005, the (average) chances of winning IP litigation have declined to17%, from about 50% before Trips.

The Agreement has increased R&D investments by Indian firms. The amount of R&D activity in India has been on an increase since the Agreement. Stronger IPR regime has spurred Indian companies to invest in R&D and simultaneously encouraged multinational corporations to outsource more R&D work to India.

The Indian policymakers seem unsure about how they should react to IPR. But considering the innovations in technological fields, increased patent filing, new symbols being created everyday and works requiring copyrights, IPR enforcement needs to be strengthened further.  It would help even better if the enforcers follow the spirit of the law unlike in the case of Cipla and Roche. Laws need to be made regarding the protection of Trade Secrets, patent filing and granting procedure needs to be speeded up, lessons for which can be taken from the USPTO. [xii]

Edited by Kanchi Kaushik 

[i] http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm

[ii] http://www2.econ.iastate.edu/classes/econ355/choi/wtoroots.htm

[iii] http://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm

[iv] Article 9(2)

[v] Article 10

[vi] Article11

[vii] http://shodhganga.inflibnet.ac.in/bitstream/10603/21666/9/chapter-vi.pdf

[viii] http://www.ictsd.org/downloads/2010/07/ipsustainable_developmentinformationnote.pdf

[ix] http://forbesindia.com/printcontent/29302

[x] http://www.werksmans.com/legal-briefs-view/patients-rights-the-achilles-heel-of-the-patient-system-an-indian-perspective-for-south-africa/

[xi] 148 (2008) DLT 598

[xii] http://www.uspto.gov/patents/init_events/transcript_031314_uspto.pdf

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No. 1 UPSC IAS Platform for preparation

WTO and India

What is trips agreement.

From UPSC perspective, the following things are important :

Prelims level: Geographical Indication, WTO, TRIPS

Mains level: India and WTO

India runs the risk of being excluded from a proposal it co-authored at the World Trade Organization (WTO) negotiations, in 2020, to “temporarily waive” intellectual property rights (IPR) held, by primarily Western countries, on vaccines, therapeutics, and diagnostics for COVID-19.

What is the case?

• India and China are two major global suppliers of medicine.
• A small group of WTO members was discussing suggestions to exclude drug manufacturers in India and China from prospective waivers to IPR obligations.
• IPR obligations are a result of the Trade-Related Intellectual Property Rights (TRIPS) which WTO members are committed to upholding.

What is the Agreement on TRIPS?

• The Agreement on TRIPS is an international legal agreement between all the member nations of the World Trade Organization (WTO).
• It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations.
• TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.
• It introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date.

Key provisions

• TRIPS requires member states to provide strong protection for intellectual property rights.
• It seeks to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers, and broadcasting organizations.
• It provides for geographical indications (GI); industrial designs; integrated circuit layout designs; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information.
• It also specifies enforcement procedures, remedies, and dispute resolution procedures.
• TRIPS also has a most favored nation (MFN) clause.
• The obligations of the main international agreements of the World Intellectual Property Organization (WIPO) that already existed before the WTO was created:
• Paris Convention for the Protection of Industrial Property (patents, industrial designs, etc)
• Berne Convention for the Protection of Literary and Artistic Works (copyright).
• Some areas are not covered by these agreements. In some cases, the standards of protection prescribed were thought inadequate.
• So the TRIPS Agreement adds significantly to existing international standards.

What else is covered under TRIPS Agreement?

• Copyright terms must extend at least 50 years unless based on the life of the author.
• Computer programs must be regarded as “literary works” under copyright law and receive the same terms of protection.
• Patents must be granted for “inventions” in all fields of technology and must be enforceable for at least 20 years.

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TRIPS – Full Form, Functions, Waiver, TRIPS and TRIMS

The full form of TRIPS is "Trade-Related Aspects of Intellectual Property Rights." TRIPS is a significant international agreement under the World Trade Organization (WTO), setting global standards for the protection and enforcement of intellectual property rights.

TRIPS Full Form

The full form of “TRIPS” is “Trade-Related Aspects of Intellectual Property Rights”.(TRIPS) is an international agreement that falls under the purview of the World Trade Organization (WTO). This landmark agreement was established to address the complex intersection of trade and intellectual property, aiming to create a harmonized and standardized framework for protecting various forms of intellectual property on a global scale.

What is TRIPS?

TRIPS stands for “Trade-Related Aspects of Intellectual Property Rights.” It is an international agreement that is part of the World Trade Organization (WTO) framework. TRIPS was established to establish consistent and standardized rules for intellectual property (IP) rights on a global scale, ensuring that member countries have a common framework for protecting various forms of intellectual property, including patents, copyrights, trademarks, and trade secrets.

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The TRIPS agreement aims to strike a balance between promoting innovation and ensuring that access to essential goods and services, especially in fields like healthcare, remains accessible to all. It sets minimum standards for IP protection and enforcement that member countries are required to implement within their legal systems.

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What is Intellectual Property Rights?

Intellectual property is a comprehensive term encompassing a range of intangible assets that are products of human creativity and innovation. These assets, often intangible and non-physical in nature, are granted legal protection to their creators. Intellectual property rights (IPR) confer the authority to utilize and control these creations, ensuring recognition and safeguarding against unauthorized use.

At its core, intellectual property signifies the legal entitlement granted to individuals who own or possess rights over such creations. This necessitates the protection of intellectual property by individuals, businesses, and governments. Safeguarding these rights involves a deep understanding of their nature and the privileges they bestow.

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Types Of Intellectual Property Rights

Intellectual Property Rights (IPR) encompass a diverse range of legal protections granted to creators, inventors, and innovators for their creations and inventions. The main types of intellectual property rights include:

• Copyright: Copyright protects original literary, artistic, and creative works, such as books, music, paintings, sculptures, films, and software. It grants the creator exclusive rights to reproduce, distribute, display, and adapt their work.
• Patents: Patents protect inventions and provide exclusive rights to the inventor for a specified period (usually 20 years) to make, use, and sell the invention. Patents cover processes, products, and methods that are novel, non-obvious, and have industrial applicability.
• Trademarks: Trademarks protect distinctive signs, symbols, names, and logos used to identify goods or services of a particular business. They prevent others from using similar marks that might cause confusion among consumers.
• Trade Secrets: Trade secrets protect valuable and confidential business information, such as formulas, processes, methods, customer lists, and technical know-how. Unlike other forms of IP, trade secrets are not publicly disclosed and are protected through confidentiality agreements.
• Industrial Designs: Industrial designs protect the visual ornamental aspects of products, such as their shape, color, texture, and aesthetics. They prevent unauthorized copying of the appearance of a product.
• Geographical Indications (GI): GIs protect products that have a specific geographical origin and possess qualities, reputation, or characteristics that are attributable to that origin. They prevent misrepresentation and protect traditional knowledge.
• Plant Varieties: Plant variety protection grants exclusive rights to breeders over new plant varieties they develop. This encourages innovation in agriculture and horticulture.
• Sui Generis Systems: Some countries have established unique systems to protect traditional knowledge, folklore, and genetic resources of indigenous and local communities.

Significance of TRIPS

The TRIPS Agreement serves as a pivotal cornerstone within the World Trade Organization (WTO) and the broader international trading system, with a primary emphasis on the protection of intellectual property (IP).

Situated as one of the key pillars of the World Trade Organization  alongside trading in services and commodities, the TRIPS Agreement addresses a significant void that existed prior to its inception. Before TRIPS, there existed notable disparities in the scope of IP protection and its enforcement across various sectors and countries.

As the importance of intellectual property in the realm of commerce burgeoned, these disparities evolved into contentious issues within international relations. Recognizing the indispensability of establishing a coherent and predictable regulatory framework for IP rights, the international community rallied for the creation of new trade-related regulations to govern such rights.

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The TRIPS Agreement emerged as the solution, standing as a testament to the commitment toward fostering order, consistency, and effective resolution of disputes concerning intellectual property. By setting forth comprehensive guidelines and standards for IP protection, enforcement, and dispute settlement, TRIPS ensures that creators, innovators, and rights holders are granted a cohesive and enforceable framework for their creations.

The TRIPS Agreement not only underscores the pivotal role of intellectual property in the global trading landscape but also highlights the imperative of balanced and universally accepted rules to govern it. This convergence of interests has propelled TRIPS to the forefront of international trade discussions, facilitating the evolution of a unified and equitable approach to intellectual property rights across the WTO community.

Relaxation Favoring TRIPS

“Relaxation Favoring TRIPS” refers to instances where certain flexibilities or exceptions are introduced in the implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement to address specific needs, especially in the context of public health and development. These relaxations aim to strike a balance between intellectual property protection and other crucial societal interests.

Some notable examples of relaxation measures within TRIPS include:

• Compulsory Licensing: This allows governments to grant licenses for the production of patented products or processes without the patent holder’s consent. It is often invoked to ensure access to essential medicines and promote public health, particularly during emergencies like epidemics.
• Parallel Importation: This allows the importation of patented goods from one country to another without the patent holder’s consent. It can help increase competition and lower prices for patented products, benefiting consumers.
• Bolar Exemption: This permits the use of patented inventions for research and experimentation before the patent expires. It is significant in the pharmaceutical sector for conducting clinical trials and seeking regulatory approvals.
• Non-Exclusive Licensing: Governments can promote technology transfer by granting non-exclusive licenses for certain patents, encouraging local production and innovation.
• Protection of Public Health: TRIPS acknowledges the importance of safeguarding public health. In cases of national emergencies or other circumstances, countries can take measures to protect public health and ensure access to affordable medicines.
• Exemption for Least Developed Countries (LDCs): LDCs are given an extended transition period for implementing certain TRIPS provisions, recognizing their unique developmental challenges.

Contradicting Relaxation of TRIPS

“Contradicting Relaxation of TRIPS” refers to situations where the relaxation or flexibilities provided by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement can create tensions or conflicts between intellectual property protection and other objectives. While these relaxations are designed to address specific needs, they can sometimes contradict the original intent of IP protection or raise concerns about potential negative consequences.

For example, some instances of contradicting relaxation of TRIPS include:

• Intellectual Property Rights (IPR) Abuse: Relaxations like compulsory licensing, which allow governments to grant licenses for patented products without the patent holder’s consent, can be misused or abused for purposes other than public health emergencies, leading to potential conflicts with IP holders.
• Impact on Innovation: Overly broad relaxation measures might disincentivize innovation. If patent holders fear that their rights might be easily overridden, they might be less motivated to invest in research and development.
• Trade Disputes: Relaxations in certain countries might lead to trade disputes with countries that hold strong IP protection standards, particularly when there are disagreements about the scope and application of relaxation measures.
• Diminished Investment: If IP rights are not sufficiently protected, companies might be reluctant to invest in countries with weaker IP regulations, leading to reduced technology transfer and economic growth.
• Quality Control: Parallel importation, which allows goods to be imported without the consent of the IP holder, can raise concerns about quality control and consumer safety, as there might be no control over the origin or authenticity of the imported goods.
• Incentive for Local Production: While non-exclusive licensing and other measures might encourage local production, they could also undermine the motivation for inventors and companies to invest in research and development.
• Inequitable Access: Relaxations might not always lead to equitable access to essential goods, as local manufacturing capabilities and regulatory frameworks can vary significantly between countries.
• Long-Term Impact: Measures aimed at short-term gains, such as undermining patent protection for pharmaceuticals, might negatively affect the long-term innovation landscape in industries critical to public welfare.

Data Exclusivity and TRIPS

Data exclusivity is a concept closely related to intellectual property rights and has implications for the protection of certain types of data, particularly in the pharmaceutical and agrochemical industries. While the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement primarily focuses on patents, copyrights, trademarks, and other forms of intellectual property, it does not explicitly address data exclusivity.

Data exclusivity refers to the protection of clinical trial data or other non-publicly available data submitted by pharmaceutical or agrochemical companies to regulatory authorities for the approval of new products, such as drugs or pesticides. It prevents competitors from relying on this data to gain regulatory approval for generic versions or similar products for a specified period.

While TRIPS doesn’t directly govern data exclusivity, its principles of intellectual property protection can intersect with data exclusivity in a few ways:

• Patents and Data Exclusivity: Patents granted under TRIPS protect inventions, but they may also require the submission of data for regulatory approval. Some countries may provide additional protection through data exclusivity for a certain period, preventing generic competitors from relying on the original innovator’s data for approval.
• Pharmaceuticals and Public Health: The intersection between data exclusivity and access to medicines is a matter of concern. Striking a balance between protecting data exclusivity and ensuring timely access to affordable medicines, especially in public health emergencies, is crucial.
• TRIPS Flexibilities: Countries can use TRIPS flexibilities, such as compulsory licensing, to address situations where data exclusivity might hinder access to essential medicines. Flexibilities allow countries to navigate the fine line between intellectual property protection and public health needs.
• Trade Negotiations: Data exclusivity can be a topic in trade negotiations and discussions, especially in bilateral and regional trade agreements. Countries may debate the extent and duration of data exclusivity protection.
• Global Intellectual Property Landscape: The debate over data exclusivity reflects larger discussions about balancing IP rights with public health and access to essential goods. The global intellectual property landscape continues to evolve to address these complexities.

TRIPS Plus refers to provisions and standards that surpass the requirements laid out in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. While TRIPS sets the minimum global standards for intellectual property (IP) protection, some countries and international agreements go beyond these standards, introducing more extensive or stringent IP regulations. These additional measures are collectively termed “TRIPS Plus.”

TRIPS Plus provisions can encompass a range of areas, including patent duration, data exclusivity, copyright extensions, and stricter enforcement measures. They are often seen in bilateral or regional trade agreements, where countries negotiate additional IP protections to enhance their own economic interests, promote innovation, and strengthen IP enforcement. However, the introduction of TRIPS Plus measures can also raise concerns about potential negative impacts on access to essential goods, particularly in the context of public health.

The concept of TRIPS Plus underscores the dynamic nature of the global IP landscape, with countries seeking to customize their IP regimes based on their economic and developmental goals. The balance between fostering innovation and ensuring affordable access to essential goods remains a key consideration in discussions surrounding TRIPS Plus provisions.

TRIPS Agreement – Doha Declaration

The Doha Declaration on the TRIPS Agreement and Public Health, adopted at the World Trade Organization’s (WTO) Ministerial Conference in Doha, Qatar, in 2001, holds immense significance in the realm of intellectual property rights and global public health. The declaration emerged as a response to concerns about the potential adverse impact of strict intellectual property (IP) protection on access to essential medicines, particularly in developing countries.

The Doha Declaration recognized the primacy of public health over strict IP enforcement and affirmed the flexibilities inherent in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. The declaration clarified that TRIPS should not hinder countries’ ability to protect public health, promote access to medicines, and address public health crises.

Key elements of the Doha Declaration include:

• Flexibilities in TRIPS: The declaration affirmed the right of WTO member countries to use TRIPS flexibilities, including compulsory licensing and parallel importation, to ensure access to affordable medicines and address public health needs.
• Pharmaceutical Patents and Access to Medicines: The declaration acknowledged that WTO member countries have the flexibility to interpret and implement patent provisions in a manner that best supports public health objectives.
• Public Health Crises: The declaration recognized that countries can issue compulsory licenses and take other measures to ensure access to essential medicines during public health emergencies.
• Export of Medicines: The declaration supported the ability of least developed countries to import generic medicines produced under compulsory licenses for the purpose of addressing public health needs.
• Affordable Medicines: The declaration aimed to strike a balance between IP protection and the availability of affordable medicines, especially for countries facing health challenges like HIV/AIDS, malaria, and other epidemics.

TRIPS and TRIMS UPSC

Both TRIPS (Trade-Related Aspects of Intellectual Property Rights) and TRIMS (Trade-Related Investment Measures) are important aspects of the global trade landscape, governed by the World Trade Organization (WTO). They have different focuses but play significant roles in shaping international trade and investment policies.

1. TRIPS (Trade-Related Aspects of Intellectual Property Rights): TRIPS is an agreement under the WTO that establishes minimum standards for intellectual property protection across member countries. It covers various forms of intellectual property, including patents, copyrights, trademarks, and trade secrets. TRIPS aims to strike a balance between protecting intellectual property rights and ensuring that countries can use these rights to promote public welfare, access to medicines, and technological development.

Key Points:

• TRIPS sets the framework for IP protection and enforcement, ensuring that member countries adhere to certain standards.
• It addresses issues like patents for pharmaceuticals, access to essential medicines, and technology transfer.
• TRIPS also allows for certain flexibilities (compulsory licensing, parallel importation) to ensure access to essential goods, especially medicines, during public health emergencies.
• TRIPS is particularly relevant in discussions about innovation, access to knowledge, and the public interest.

2. TRIMS (Trade-Related Investment Measures): TRIMS is another agreement under the WTO that focuses on investment-related measures that can affect trade. It aims to promote transparency and non-discrimination in investment policies of member countries. TRIMS addresses measures that could distort trade by favoring domestic industries or creating unfair advantages for foreign investors.

• TRIMS targets investment-related measures that could impact trade and lead to protectionist practices.
• It aims to create a level playing field for foreign investors and prevent trade distortions resulting from discriminatory or restrictive investment policies.
• TRIMS promotes transparency, national treatment, and a non-discriminatory environment for investment.
• While TRIPS is centered on intellectual property, TRIMS focuses on investment practices that can affect trade flows.

TRIPS Agreement UPSC

TRIPS is not only relevant to the economy and international relations but also touches upon various aspects of public health, innovation, and the broader global trade landscape. Aspirants who thoroughly comprehend TRIPS can engage with complex issues related to intellectual property protection, access to essential goods, and the balance between trade interests and public welfare. Utilizing trusted UPSC economics books and comprehensive notes can provide a solid foundation for mastering this critical topic and effectively addressing it in the exam.

What does TRIPS cover?

Why was trips introduced, what is the role of trips in trade disputes, how does trips relate to developing countries.

UPDATED :     

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60 Short Travel Quotes to Inspire Your Next Trip

Home | Travel | 60 Short Travel Quotes to Inspire Your Next Trip

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Short quotes about travel are the easiest way to get travel inspiration since they pack a lot of meaning into very few words. Sometimes, all you need is a short and sweet simple travel quote to start thinking about your next adventure.

This collection of short travel sayings has something for just about every travel lover. You’ll find some of the best short travel phrases , of course, but I’ve also included some short travel quotes with friends , short travel quotes for couples , short adventure quotes , and more. Get ready to be inspired by these incredible short travel quotes !

• Best short travel quotes
• Short adventure quotes
• Short solo travel quotes
• Short travel quotes for couples
• Short travel quotes with friends
• Short family travel quotes

As you’re reading through this list of short vacation quotes , don’t forget to save your favorites and share them with your friends and family to pass the inspiration along. If you’re interested in checking out some longer travel sayings, our collection of the top 100 quotes about travel has exactly what you’re looking for .

Best Short Travel Quotes

The best short quotes on travel exemplify the idea of quality over quantity: you’ll get tons of inspiration from just a few words!

1. “Travel is never a matter of money, but of courage.” – Paulo Coelho

As this short holiday quote points out, you don’t have to be rich to travel. You can have a fantastic trip on a budget as long as you’re brave enough to get out there!

2. “We wander for distraction, but we travel for fulfillment.” – Hilaire Belloc

This short travel saying is a fantastic reminder of how impactful exploring can be on our lives.

3. “Remember that happiness is a way of travel – not a destination.” – Roy Goodman

This simple travel quote shows that attitude is everything. The way we approach life, especially when it comes to travel, can make the difference between having a decent trip and having the trip of a lifetime.

4. “Live life with no excuses, travel with no regret.” – Oscar Wilde

These wise words from the famous Irish writer are the perfect inspiration for an adventure. Ready to start planning your next getaway?

5. “Travel is the only thing you buy that makes you richer.” – Anonymous

As this quick trip quote wisely points out, travel enriches our lives in many ways: culturally, gastronomically, emotionally, and more.

6. “We travel, some of us forever, to seek other states, other lives, other souls.” – Anais Nin

This adventure short quote reminds us that we travel for many different reasons. Whether you travel because you’re curious about the world or because you want to find yourself, any and all travel reasons are valid!

7. “Once the travel bug bites, there is no known antidote.” – Michael Palin

Anyone who loves travel will relate to this wanderlust short travel quote . I know we do!

8. “To travel is to live.” – Hans Christian Andersen

This short quote on travel is simple but effective: travel really is a key part of truly living life to its fullest.

9. “The world is a book, and those who do not travel read only one page.” – Saint Augustine

This famous short travel saying is well-known for a reason. The metaphor of the world being a book works so well for expressing the idea that travel expands our minds.

10. “Don’t listen to what they say. Go see.” – Chinese Proverb

This short travel caption provides the ultimate travel inspiration. It’s great to hear other people’s travel stories, but if you’re curious about what’s out there, why not go see it for yourself ?

Short Adventure Quotes

These incredible adventure quotes will inspire you to see the world and keep exploring!

11. “Then one day, when you least expect it, the great adventure finds you.” – Ewan McGregor

This short travel saying reminds us that we don’t always need to go looking for adventure to find it.

12. “Adventure is not outside man; it is within.” – George Eliot

As this short travel quote argues, we all have the spirit of adventure within us. We just have to embrace it!

13. “Attitude is the difference between an ordeal and an adventure.” – Bob Bitchin

This short vacation quote makes it clear that a positive attitude can turn a mishap into a grand adventure. Try it the next time you’re traveling!

14. “Adventure is out there!” – Up

This short and simple travel quote from the beloved Pixar movie is the perfect inspiration for your next big getaway. Go find that adventure!

15. “If we were meant to stay in one place, we’d have roots instead of feet.” – Rachel Wolchin

This short adventure saying will resonate if you feel like exploring is in your DNA.

16. “The very basic core of a man’s living spirit is his passion for adventure.” – Christopher McCandless

This short trip quote encourages us to see adventure as an important part of being alive. Maybe, deep down, we’re all explorers.

17. “Oh, the places you’ll go.” – Dr. Seuss

As this famous short quote about travel reminds us, it’s so exciting that there are tons of amazing places in the world to see. Why not get started on seeing them all?

18. “If happiness is the goal – and it should be – then adventures should be a top priority.” – Richard Branson

This simple travel quote has one basic message: adventures equal happiness. If you have an incurable case of wanderlust, this saying will probably resonate with you.

19. “You must go on adventures to find out where you truly belong.” – Sue Fitzmaurice

Travel can be crucial for helping us understand more about ourselves. Let your adventures be your guide!

20. “Jobs fill your pockets, but adventures fill your soul.” – Jaime Lyn

As this life is short travel quote shows, adventures fulfill us in ways that money simply cannot.

Short Solo Travel Quotes

If you’re planning a solo adventure and need some motivation, these short travel alone quotes are just what you need!

21. “I wondered why it was that places are so much lovelier when one is alone.” – Daphne du Maurier

If you’re a frequent solo traveler, you’ll probably relate to the idea that places seem more beautiful when you’re by yourself. After all, solo travel gives you the chance to fully appreciate the sights around you.

22. “To travel is worth any cost or sacrifice.” – Elizabeth Gilbert

I love this short vacation quote because I really relate to it. To me, travel is absolutely priceless and always worth it.

23. “I haven’t been everywhere, but it’s on my list.” – Susan Sontag

As this travel short caption points out, sometimes travel has to get put on the back burner, but that doesn’t mean we have to stop dreaming about or planning where we’ll go next!

24. “I travel a lot; I hate having my life disrupted by routine.” – Caskie Stinnett

Anyone who likes to stay in motion and keep exploring will relate to this short quote about adventure . Routines definitely aren’t for everyone!

25. “Not I, nor anyone else, can travel that road for you. You must travel it for yourself.” – Walt Whitman

This short quote on travel is all about discovering the beauty of the world for ourselves.

26. “I am not the same, having seen the moon shine on the other side of the world.” – Mary Anne Radmacher

As this short travel phrase shows, travel can and should change us forever. Enjoy the unforgettable memories you make along your journey!

27. “To awaken quite alone in a strange town is one of the most pleasant sensations in the world.” – Freya Stark

This short solo travel quote points out the pleasures of traveling alone, including having a whole bed to yourself!

28. “The more I travelled the more I realized that fear makes strangers of people who should be friends.” – Shirley MacLaine

The best thing about traveling solo is that you can easily make friends along the way. Take the opportunity to spend time with new people so you can turn strangers into friends!

29. “I think one travels more usefully when they travel alone, because they reflect more.” – Thomas Jefferson

This short trip quote reminds us that one huge advantage of traveling alone is the chance to be introspective and think deeply about your trip. It might even be helpful to keep a journal or jot down some notes to keep track of your thoughts.

30. “Travel only with thy equals or thy betters; if there are none, travel alone.” – Anonymous

This quick trip caption is a great reminder that not everyone travels well together. The best travel buddy will always be yourself!

Short Travel Quotes for Couples

These short travel quotes for couples will help set the mood for a romantic getaway. After all, love and travel make the perfect pair!

31. “Travelling in the company of those we love is home in motion.” – Leigh Hunt

This romantic short travel quote makes a great point that traveling with loved ones can turn any place into somewhere that feels like home.

32. “As soon as I saw you, I knew an adventure was about to happen.” – A. A. Milne

If you’ve ever looked at someone and known you were in for a lifetime of adventures together, then this short travel saying is for you. It doesn’t get any better than having a partner who’s also a fantastic travel buddy – take it from us!

33. “A couple who travels together, grow together.” – Ahmad Fuadi

Travel is not only an incredible way to achieve personal growth, but also a fantastic way to grow as a couple. Spending day after day together in an unfamiliar place can really bring you closer together.

34. “I would not wish any companion in the world but you.” – William Shakespeare

Trust one of the world’s most famous poets to have written a beautiful short travel phrase about love. Be sure to share this romantic quote with your travel soulmate!

35. “In life, it’s not where you go. It’s who you travel with.” – Charles Schulz

As this short quote for travel reminds us, our travel companions can make all the difference in how we feel about our journey. Traveling with a loved one is sure to make your trip that much more fun!

36. “If you want to go fast, go alone. If you want to go far, go together.” – An African Proverb

This short holiday quote shows that love and support can take us far, both in life and as travelers.

37. “Never go on trips with anyone you do not love.” – Ernest Hemingway

This short holiday quote is great advice for anyone planning a vacation. Traveling involves spending a lot of time together, so it’s always best to go on a trip with someone you already know you like!

38. “I would go everywhere and anywhere with you.” – Cassandra Clare

This short travel saying perfectly captures the excitement of exploring the world with the person you love.

39. “Will you give me yourself? Will you come travel with me? Shall we stick by each other as long as we live?” – Walt Whitman

I love this short trip quote because it’s so beautiful and poetic. These lines would make perfect wedding vows for a travel-loving couple!

40. “It’s wonderful to travel with someone you love and we never travel without one another.” – Roger Moore

This simple travel quote is a straightforward expression of the joy and beauty that come from traveling with your partner.

Short Travel Quotes with Friends

Good friends will always have your back, so it makes sense to bring them along on your biggest adventures. These short travel quotes with friends capture all the highs of traveling with your best pals.

41. “A journey is best measured in friends rather than miles.” – Tim Cahill

As this short vacation saying expresses, in addition to the friends you bring with you, you’ll often make friends along the way as you travel.

42. “A good friend listens to your adventures. A best friend makes them with you.” – Unknown

Share this short trip quote with a best friend you’ll be traveling with soon, and get ready to have the time of your life together!

43. “There is an unspoken bond you create with the friends you travel with.” – Kristen Sarah

As this short adventure saying points out, traveling together is a great way to strengthen a friendship and grow even closer. After all, every night will be like a sleepover!

44. “It’s the friends we meet along the way that help us appreciate the journey.” – Anonymous

Sometimes, you don’t realize how far you’ve come until you look back and see all the friends you’ve made along the way.

45. “Good company on a journey makes the way seem shorter.” – Izaak Walton

In other words, time flies when you’re having fun! This short travel phrase shows how much joy friends can add to an adventure.

46. “You can pack for every occasion, but a good friend will always be the best thing you could bring!” – Unknown

This short quote for travel reminds us that good friends will always make a trip better.

47. “Good friends follow you anywhere.” – A.A. Milne

This short travel saying offers some great advice about friendship: quality friends will always support you, no matter what.

48. “Life was meant for great adventures and close friends.” – Unknown

This short unique travel quote is all about priorities. If you love going on trips with your closest friends, this saying will definitely resonate with you.

49. “Sometimes all you need is a great friend and a tank of gas.” – Thelma & Louise

As this short road trip quote points out, it doesn’t take much to go on an adventure. Grabbing your best friend and hopping in the car is all you need.

50. “A friend may be waiting behind a stranger’s face.” – Maya Angelou

This short quote about travel offers a beautiful way of looking at the world: seeing everyone as a potential friend rather than as a stranger or enemy.

Short Family Travel Quotes

These short family vacation quotes are just what you need to get the whole family excited for some time away together.

51. “Don’t just tell your children about the world. Show them.” – Anonymous

This short travel quote with family reminds us that traveling is the best way for kids to learn more about the world around them. Exploring is a valuable part of any child’s education.

52. “My ideal travel companions are my family.” – Pharrell Williams

This short, simple travel quote is a very sweet way of expressing your appreciation for traveling with family. Share this with your family so they know how much you enjoy exploring together!

53. “Travel is rich with learning opportunities, and the ultimate souvenir is a broader perspective.” – Rick Steves

This travel short caption applies not only to family, but also to any traveler looking to expand their worldview.

54. “Travel is not reward for working; it’s education for living.” – Anthony Bourdain

This iconic quick trip quote shows how travel and learning more about the world can make us all better human beings. Traveling allows us to make the world our classroom.

55. “Travel in the younger sort is a part of education; in the elder, a part of experience.” – Francis Bacon

As this short journey quote expresses, children and parents can experience travel a little differently. After all, seeing a place for the very first time is very different from a repeat visit.

56. “Build traditions of family vacations and trips and outings. These memories will never be forgotten by your children.” – Ezra Taft Benson

This short unique travel quote is a great reminder that your kids will cherish the wonderful memories of family vacations.

57. “Vacations are meant to be shared with the people we love the most.” – Unknown

There’s no better feeling than sharing an incredible view or new experience with the people you love the most. Luckily, family vacations are the perfect time to create new memories together.

58. “There are no seven wonders of the world in the eyes of a child. There are seven million.” – Walt Streightiff

As this short travel caption points out, children are so curious and excited about the world around them that anything new will seem wonderful.

59. “A family vacation is a good time to bond and make memories that last a lifetime.” – Steve Harvey

This short trip quote sums up the best reasons to plan a trip as a family.

60. “Family traveling together means a little bit of crazy, a little bit of loud. A whole lot of love.” – Anonymous

I love this short vacation quote because it captures the many facets of going on an adventure as a family. The crazy and the loud moments are all part of the fun, too!

I hope these short travel quotes have sparked your wanderlust and gotten you ready to start planning your next trip! Whether you’re a solo traveler who’s just found inspiration or one half of a couple trying to find the perfect caption for a vacation photo, be sure to save and/or share your favorite short unique travel quotes .

Let me know in the comments which short travel sayings resonated with you the most. Happy travels!

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TRIPs and TRIMs | Short Note

Write short notes on TRIPs and TRIMs.

The full form of TRIPs is – Trade Related Intellectual Property Rights. The invention of something using the brain is called intellectual property. Intellectual property is an expression of creativity. Intellectual property can take many forms. Notable among them are Patent rights. According to this law, the inventor of a new invention can acquire patent rights over that invention. As a result, no one other than the inventor or discoverer can produce or manufacture the product. The patent holder of the product has the sole right to manufacture or sell that product. The term of the patent shall be twenty years from the date of grant of the patent. Any person who manufactures or sells the product must prove that the patentee’s rights have not been infringed. Intellectual property rights apply to both life-saving pharmaceuticals and agriculture.

The full form of TRIMs is – Trade Related Investment Measures. The countries that have signed the Dunkel Accord Agreement are directed to promote domestic industries through reservations and to remove controls and restrictions on foreign products. Investors in this system have the opportunity to invest their capital in any economic activity anywhere in the world. However, if a country has a deficit in the balance of payment, it is exempted from this rule.

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What is Trade Related Investment Measures (TRIMs)?

• WTO prohibit investment restricting measures that discriminates foreign investment
• The argument of WTO is that such investment restricting steps are violating trade itself (WTO is an institution formed to promote trade).
• Historically countries impose measures that restrict foreign investment (called as investment measures and WTO term this as Trade Related Investment Measures).
• Under TRIMs, the WTO names the list of investment measures that discriminates foreign investment and hence violates the basic WTO principle of National Treatment.
• These measures include – local content requirement, domestic employment, technology transfer requirement etc

What is TRIMs?

           The Agreement on TRIMs of the WTO is based on the belief that there is strong connection between trade and investment.  Restrictive measures on investment are trade distorting. Several restrictive measures on investment are prohibiting trade and hence are not allowable. According to the TRIMs provision, countries should not adopt the investment measures which restrict and distort trade. 

           Investment measures are those steps used traditionally against foreign investment by host countries. Here, the TRIMs instruct that WTO members may not apply any measure that discriminates against foreign investment that violates basic WTO principles (like the MFN).  WTO gives a list of prohibited investment measures or TRIMs like local content requirement, export obligation, technology transfer requirement etc. that violates trade.  Few exemptions to developing countries are also provided under TRIMs. The Committee on TRIMs monitors the operation and implementation of the TRIMs Agreement and offers consultation for member countries.

           The objective of TRIMs is to ensure fair treatment of investment in all member countries.

           As per the TRIMs Agreement, members are required to notify the WTO Council for Trade in Goods of their existing TRIMs that are inconsistent with the agreement.  

TRIMs and Foreign Investment Policy changes in India

           India has made several foreign investment liberalisation measures since the launch of the New Industrial Policy in1991. Regulations for both FDI and FPI were simplified and now foreign investment is allowed in almost all sectors. 

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Travel journal examples and how to get the most out of a travel journal

A travel journal: your new best friend.

Travel journal examples can spark ideas for your own journal. This matters a great deal because a travel journal can be one of your most helpful travel — make that life — tools. It can serve myriad purposes from recording your thoughts, emotions (an important aspect many overlook) and experiences to being a repository of creative ideas and even artwork. You can use it as a scrapbook, planning tool, contact book, organizer, reference book (for vital information such as passport numbers, hotel addresses, places to visit, etc.) and even a place to hide certain valuables.

It’s simple enough to put information into your travel journal. The hard part is being able to find or extract that information easily later on. But don’t worry. I’ll show you travel journal examples, techniques, hacks and tips for that and more based on decades trying a wide variety of travel journals and approaches. You’ll find these useful whether you’re an old pro at journaling or even if you’ve never used a travel journal before. And be sure to read all the way through this article since the Additional Resources section at the end is loaded with inspiring and helpful travel journal examples and ideas.

Getting started

The first and most important thing to remember is that there is no one right way to set up your travel journal. In fact, I’ve found that the best approach is to just start with something and learn as you go. My first travel journal was basically a daily diary: “Today I did this, etc.” Now, however, I use it in a very different matter. But it all comes down to this: What is the purpose of your travel journal?

Two typical entries from my first travel journal on my first trip to Europe in high school. I have upped my travel journal game a bit since then, or so I hope.

This is such an important question because it will guide what kind of notebook/journal/sketchbook you use, how you organize it and how you interact with it. If you’re just starting out, you may not even know your purpose other than to record your experiences. That’s fine. Start there. Then refine over time.

For me, I see my travel journal as a collection tool for travel drawing and notes where I gather ideas, sketches, some to-do’s, trip details and anything else that interests me. But the main difference between this and most journals is that as a tool, I want to use my journal after I return. Not just for nostalgic reminisces on my trip, but to glean from it what I’ve learned, gained and become. I’ll explain this more momentarily.

Picking the right journal

Again, I’m not sure there is a universal “right” travel journal. Your goal is to find what works for you. You can start by determining if you want a blank notebook or a travel journal that comes with prompts, quotes, organizing categories, etc. Here’s a helpful list of 17 travel journals to give you a sense of travel journal examples and possibilities. Mostly, consider if you want to do travel drawing or even painting in your travel journal. If so, you’ll want thicker paper that won’t warp with the water or bleed through with ink. You likely will want blank pages, as opposed to lines, grids or dots.

Just as there’s no right or wrong size (just what works for you), so too is the orientation up to you. As you can see here, I sketched holding the journal in a portrait orientation (left page) but wrote (right page, partial) using a landscape orientation. Both work.

If you want to use it as a form of a scrapbook, get one with pockets or that is expandable enough for when you’ve doubled the thickness with all those tickets, stamps, samples of currency, bottle labels and other elements you’ve glued to the pages.

Buying a nice looking or feeling notebook or journal can be motivating. But getting too nice of a notebook to use can be intimidating: You’ll be afraid to do any travel drawing or mess it up. Thus, I suggest starting somewhere in the middle. Find a journal or notebook that will hold up well (hard covers help in this regard), but isn’t so expensive you’ll only want to use it on special occasions. 

Even fancy patterns on your pages can be fun. I tend to prefer blank pages, but sometimes I’ll try different patterns just to mix things up.

Your travel journal is more of a workhorse than a show pony (though sometimes a bit of that too later on). You’ll get far more out of one you use all the time, where you write, do travel drawing or urban sketching, doodle and record with the intent that only you will ever see it. If you choose to show it to others later, fine. But don’t make that your main goal, at least as a beginner, or you’ll never get the most out of your journal.

How will you use your travel journal?

Back to purpose, you can choose to have a general-use journal or one devoted only to your trips (or to a particular trip). I have done both, and there are pros and cons to each. A journal for all situations allows you to connect everything you do so that if a great work idea hits you on a trip, you can reference back to a meeting about that, etc. You can also find things easier in some ways since your whole life, trip or home/work, is laid out in a chronological fashion in one book.

Here’s a recent journal of mine that I use daily, as well as for trips. You can see the basic outline for this article here that I wrote on the plane on a business trip. How do I know it was on a trip? From the notation that the sketch was done from a photo in the airplane’s magazine somewhere between Baltimore (BWI) and Seattle (SEA)

A really popular approach these days to general journals is the Bullet Journal . Many people swear by this way of organizing their journal and their life. I love many of the ideas found in bullet journaling. But I choose not to follow that approach completely. Why? Bullet journaling is primarily intended as a productivity tool. I personally don’t find it helpful in that regard because, for example, tracking all my calendar events and moment-by-moment to-do’s in a journal slows me down.

Combine digital and analog

Instead, I use a combination of Outlook, Trello , Evernote and Scrivener (the latter two for organizing ideas and writing projects or content) on my phone and computer. The main reason for tracking tasks digitally is that they roll over automatically. I don’t have to constantly move them manually from one day, week or month to-do list to the next.

But the main reason I don’t use the bullet journal methodology for my travel journal is that when I travel, productivity is not my goal. Exploration and discovery are. I use my travel journal to capture what I learn as I explore the world around me and the world within me wherever I go.

On a trip, I’m less interested in productivity than in explaining why this sketch was hard to do well.

In the last few years, I’ve taken up sketching and even watercolors, so for me, I now maintain a separate travel journal for each major trip. I use one that has thicker watercolor paper, so on a three-week trip, I can pretty much fill up the whole book. But for shorter trips, I do use my day-to-day journal. And I’ve even done both: Used my day-to-day journal to record words and a smaller sketchbook for travel drawing or watercolors. Again, no right or wrong way to do this. Just start with an approach and build from there.

Organizing your travel journal

What follows is how I organize my travel journal. It’s the same way I do my day-to-day journal but with some additional pages in the end for travel-specific information. My purpose, remember, is to capture ideas, information and experiences and then to be able to use these later. For that reason, the most helpful part of my journal is the index. I’ll explain that in a moment along with travel journal examples, but here’s what else goes into my journal.

Starting with a brand new empty journal

The first thing I do with a new journal is to put my name, cell phone number and email address on the inside cover.

Next, if the journal doesn’t have a rear pocket, I make one or glue/tape in a small envelope that fits on the inside of the rear cover.

If you glue in your own, consider hiding a few large denomination bills, both dollars and the local currency, behind the envelope or anything else you tape or glue inside the covers. It’s a great place for hiding back-up money. It works because once you start using your travel journal regularly, you’ll find it is one of your most precious possessions. You’ll learn to guard it like your wallet, passport or phone.

These are just some of the many travel journals I’ve filled up over the years.

In addition to the pocket or envelope in your journal, consider bringing a quart or gallon-sized zip lock bag to hold all the small items you pick up along the way. I used to shove them into pockets in my carry-on bag, but having a single location now keeps them from getting lost or mangled. And it keeps my travel journal from looking like George Costanza’s wallet on Seinfeld . This same bag can hold a glue stick, paper clips or anything else you want for adding items to your journal.

Start in the front and work back

I track everything chronologically noting the date at the top of each day’s entry. If it spans multiple pages, I’ll write “(cont.)” after the date on later spreads so I know to keep looking for the start of that day when I review the entry later.

I work in this chronological fashion for recording most of my entries because I find it flows better to write the item down right away and then figure out how to classify it later. I set up indexes in the back for classifying and locating the entry. But that comes as a review step, not a creative or collecting function.

What to write

Starting at the front section of the travel journal, I may use the very first page as a title page if the journal is devoted to a single trip. Otherwise, I skip over that page and then start with the date of the start of the trip and then just keep going from there. Here are the types of content I write/draw along with some of my travel journal examples:

Sometimes, I’ll devote a whole page or spread to nothing but sketches.

• General thoughts . These make up the majority of my journal and are what you’d expect in any journal.
• Sketches . I’m still just a beginner, but I’ve committed to one sketch per day, at home or on a trip. Sometimes they are involved. Others (most of the time), are just a quick gesture. But the discipline helps improve my skill.
• A daily log . At the end of each day, I do a very quick list of summary activities, where I went, who I met, what I did. I actually note it like this: “(Log 11/27/19 – Wed.):” so that I can see at a glance what were log entries versus other ideas. For logs, the shorter the better. Here’s where bullet journal techniques can help: Record a few words as a bullet rather than full sentences. At the end of every daily log, I also record two specific items in addition log entries themselves, gratitude points and what I’ve read or watched.
• Gratitude points : I jot down what I call a Goodness Journal (abbreviated as GJ) entry. This is the highlight of my day for which I am most grateful. On trips, this can often end up being multiple points.
• Read/Watched : The second additional component is what I call Read/Watched (R/W) where I list any books I’ve read that day or any movies, programs, concerts, etc. that I watched. It can include podcasts and anything else you want to track. Before I started doing this, I’d get to the end of the year and couldn’t recall all the books I’d read. Now I can just by referring back to these entries.
• Insights and Ideas . Most of my journal at home is filled with these. On trips, these happen more on plane, train or bus rides than every single day. But they could happen any time which is why I keep a pocket-sized travel journal with me or at least a note card or my phone so I can write the idea down immediately.
• Quotes . These can be formal written ones I encounter or snippets of conversations I overhear. As a writer, I want to always be gathering dialog examples or clever turns of phrases.
• To-dos. Yes, I said I record these digitally for the daily tasks. But sometimes on trips, you have opportunities for dreaming and planning. I mark all to-do’s with a checkbox I can fill in later. I like the bullet journal way they do this as well (a dot instead of a box).

I had a gentleman in China demonstrate his woodblock stamps by stamping some examples in my journal. You can paste in stamps, tickets, receipts, postcards or any other artifacts from your trip onto your journal pages as you go (if you remember to bring some glue or paste).

• Descriptions . These are either quick notes on what I’m seeing, hearing, tasting or tasting, or longer ways to capture the details of a place. See Look Closely for details on how to do this as a way to learn to see details better or to write better based on your travels. I also make sure to write down the names of places, people, food, local expressions and anything else I want to write about later. Don’t assume you’ll remember it or can look it up later. Write it down.
• Miscellaneous . I’ve had artists draw in my journal, had people stamp it (see photo above), record different colors of beverages spilled or intentionally dripped on it and a wealth of other things added. Be open to how you can use your journal. Or for fun, try this exercise: Come up with as many ways as you can think of to use your travel journal on your next trip.

The back of the journal

The front of the journal is used for a chronological input of information each day (or whenever you choose). The goal there is to record the idea, insight, drawing or information just like in a diary. The back of the journal is where you’ll organize it all for later retrieval.

Working from the last page backwards, I set up a series of index or topic pages (see the list below) where I record anything related to that topic either verbatim (if I have the time and forethought to write it down there such as contact info or a quote I came across) or as a page number reference and summary line from the front of the journal (hence the reason these back-of-the-journal pages are called Index Pages).

For me, I find that most index sections only require one page (e.g. for Contacts or Travel Details) but I leave two pages for Ideas or Vocabulary since they tend to have more entries. I write small (some would say ridiculously small), so if you don’t, you may want to leave more room.

Review your entries and record them for easier retrieval

I don’t assign page numbers as I write in the front of the journal. Instead, I jot down a page number later, maybe daily, maybe weekly, as I review my journal. Writing down the page number during the review phase shows me which pages have been indexed. No page number indicates it still needs to be indexed. As I review each page, I also code the entries themselves on the journal pages by highlighting the topic or assigning a word or letter to let me know what it is. For example, if there’s a quote, I will write “Quote” and circle it right before the quote. For blog ideas, I’ll write “blog” and circle that, etc. If  an idea that has distinct merit, I’ll draw a star next to it. Particular project ideas get a corresponding code, e.g. if it’s about  my book on Hidden Travel,   I’ll write “HT” and circle that. The whole point is to make it easier to spot the entry when you’re reviewing the page later.

Here you can (hopefully) see how I’ve written and circled page numbers at the top and put a box around the word “Quote” on the left page and “Visual appeal article” on the right page. Then, on the Quotes index page, I’ll write “108” and circle it with a quick notation like, “E.B. White on saving/savoring the world.” On the Ideas index page, I’ll write “109” and circle it with the notation, “Visual Appeal article questions.”

In case you’re wondering why the index/topic pages go in the back and not in the front like a table of contents, it’s because I often add topics as I progress through the journal. Working from the back gives me room to add new pages whereas if I’d started from the front and I didn’t guess correctly, I’d be out of room before running into my journal entries.

Travel journal examples of Pre-Trip Items

Some of my index/topic pages get filled in (or at least started) before my trip either as planning or to load my travel journal with important information to have on my trip. Here are some travel journal examples of the key sections.

Here’s a travel journal example of a shot list from my China trip journal. I tend to write pretty small in the back section of a journal! The whited out area was my passport number in code. Writing key information on pages with other entries makes it even less obvious this is something valuable.

• Vocabulary. On trips to countries where I’m learning the language, I’ll add new vocabulary words here usually starting long before the trip. These are key words to practice, as well as new ones I pick up as I travel.
• Shot list . When planning my trip, as a photographer, I make a list of specific places, scenes, techniques I want to try or even times of day I want to shoot. Check out my Beginner’s Guide to Making Awesome Travel Photos for more on this and other travel photo techniques. In addition, as I review guidebooks or articles, I’ll add interesting places to this list. Even if you’re not a photographer, you can make a list of “must see” places or “must do” experiences or activities. Writing them down really helps because it makes it so easy to find all these in one place rather than hunting through a guidebook or other pages on your trip.
• Themes and Moments . This is yet another pre-trip fill-in page. I try to come up with a theme or quest for each trip. Writing down ideas about that or defining it really adds to the anticipation of the trip. On this page, I’ll also jot down ideas for creating magic or defining moments for others on the trip. This includes ideas for the activities or contact info for places or people that will be part of the activity.

Travel journal examples of elements to add as you travel

Here are some typical index/topic pages in the back of my travel journal that get filled in as I go:

• Contact information . I keep a separate page to record the names, email addresses, etc. of people I meet along the way. If, in a hurry, I just write down a name and email address in the front-of-the-book journaling section. I’ll later record the page number and contact name on the page here so all I can find all my contacts in one place later.
• Ideas . This becomes a catchall for any creative ideas I’ve had. I normally start with the page number(s) followed by a brief summary such as “27 – 29: Dining room chair design” or “73: Article on architecture styles in Morocco.”

Here’s a specific travel journal example, the Ideas Index Page from my China trip journal. I had started the page on the left as a vocabulary list but made room from more ideas when I ran out of space on the page on the right.

• Books and Movies . This too is a catchall for any form of entertainment I want to read. I constantly get book and movie (and even song or podcast) recommendations as I travel that I add here with an open check box. I also record books I’ve finished to this list noting those with a checked box.
• Quotes . As noted above, these may be written quotes I come across or snippets of dialog I pick up. I either write the quote here directly or reference the journal page where I wrote the quote with a reminder such as “53-quote from Leipzig waitress on timing.”

You can do a trip highlights page on the flight home, but sometimes it helps to record a summary of details in the midst of your trip of things that stand out to you.

• To-do’s. I said I like to keep my travel journal free from productivity and time management, but I always have big-picture to-do activities that arise on a trip. I’ll record these as I go in the journal section, but for longer-term ones I don’t want to lose track of, I sometimes add a to-do index as well in the back of the journal. This can also be a great place to record future planning ideas for things you want to accomplish after your trip.
• Trip highlights . I’ll normally note the big moments in the journal section as they occur. But often on the flight home, I like to review these and capture them all in one place with the page reference and a brief notation. I may also add in additional ones at this point because sometimes, you don’t realize how powerful or meaningful a moment was at the time.

When your journal is full

Eventually, you’ll fill up your journal with entries. You’ll then review and have every page numbered with key entries noted in your index pages. Then what?

I use Scrivener (for writing projects) and Evernote (for others) as software/apps to track ideas over time. Thus, when I finish a journal, I go copy the content from my index pages into one of these digital programs.

There are several reasons for this. First, it helps to have all your ideas over time in one place so you can view them easier. Second, with the online tools, I can tag content by subject making retrieval later much easier. Most of us focus our efforts on having ideas and maybe writing them down. But those ideas won’t serve you well if you can’t find them later. Finally, putting everything into one place helps me see patterns and related ideas which, in turn, sparks new ideas.

It all relates to the concept of Collect, Connect and Share. If all you’re doing is collecting, you’re missing out on the main value of your journal.

Make a copy

This may be overkill to some, but my journals are precious repositories of life. I would hate to lose them. I could dictate the contents and transcribe that, but I don’t have that kind of time. Instead, Evernote comes to the rescue.

The Evernote app has a photo function. I open the app and take pictures of every spread or page of my journal. I save the results as an Evernote file and can even tag it by date, country or other criteria. It then resides on the cloud (and I also do a back-up on a drive at home). That way, if the original gets lost, I know that all those memories are secure.

Let’s review

Here’s a summary of the key points:

• Know the purpose for your journal
• Choose the type of journal based on your intended purpose.
• Start with something that’s not too nice so that you’re not afraid to mark it up.
• Keep daily entries in the front and a list of index pages in the back of the journal.
• Periodically review your journal entries. As you do, number each page and record that page number and a brief reminder on the appropriate index page.
• At the end of each journal, photograph each page and save to a secure location. Then enter the index information into whatever tool you use for tracking all of your ideas over time.

Additional resources and travel journal examples

Here are other resources and travel journal examples to both inspire and help you get the most out of your travel journal:

• A helpful article with visuals of different travel journal examples
• Writer and artist Austin Kleon’s comments on notebooks 
• Travel journal examples (and notebooks) of author Robert MacFarlane 
• Some additional travel journal examples and notebook types
• The Sketchbook Projec t, one of my favorite places to visit in Brooklyn, NY and a great source of inspiration for sketchbooks. If you’re looking for a single place for travel journal examples, it is this one. Here are just a few screen shots of some random travel journal examples I looked up by Julia Yellow . There are thousands of such journals at this site.

• If you really enjoy the travel drawing aspect of a travel journal, you might want to connect with the whole Urban Sketchers movement and see travel journal examples that include urban sketching. Here’s an example of an urban sketch by Stephanie Bower . I took some of her architectural sketching courses online at Bluprint and they were excellent.

Parting thoughts

Finally, if you want even more travel journal examples and information, be sure to read Lavinia Spalding’s excellent book on the subject, Writing Away: A Creative Guide to Awakening the Journal-Writing Traveler. Here’s one of many great quotes from the book:

“If we’re committed to honest investigation, the travel journal can be a cornerstone of growth and a catalyst for great work, providing a safe container for astonishing discoveries and the life lessons we take away from them. We write words in an empty book, and an inanimate object is transformed into a living, breathing memoir. In turn, as we write, the journal transforms us. It allows us to instantly process impressions, which leads to a more examined layer of consciousness in both the present and the future. It’s a relationship, and let me tell you, it’s no cheap one-night stand.”

You might want to consider writing that quote down in your travel journal. Either in the daily entries or on the quotes index page. Or however you want to do it. It’s your travel journal and the possibilities are endless.

Thanks Steve! Informative and creative. Your sketching is lovely, too! Merry Christmas to you and the fam

Thanks, Alan. I was just editing a section in my upcoming book, “Hidden Travel,” on the subject of sketching and the advice I was given by Gabriel Campinario, founder of Urban Sketchers. He told me to never apologize or say, “Oh, I’m just a beginner” when someone compliments your sketching because no matter how bad you think it is, it is still better than that of the 99% of the population who never attempts to draw. So I will leave it at, “Thank you!”

[…] I mainly get inspiration from a Reddit group called Journaling, and also I get a few ideas on making travel journals. Despite it being fun to do having a physical notebook, at times it can be difficult to finish them […]

You’ve inspired me to resume creating tiny travel journals, with scrapbook like additions. I use photo double sided stickies, not glue. Someone asked what do I do with these? As if creating isn’t pleasurable. I often use them as primary sources to create photobooks. Along with my Bird lists.🐦😁.

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Trade Related Investment Measures

The agreement on Trade-Related Investment Measures or “TRIMs” acknowledges that investment measures can control and twist trade. This states World Trade Organisation members might not apply any measure that differentiates or leads to quantitative restrictions, both of which disobey any fundamental WTO rules.

A list of restricted TRIMS is a part of this agreement. The TRIMS Committee looks after the operation and execution of this agreement and allows members the chance to consult on any appropriate matters.

Agreement on TRIMs resulting from Uruguay recognises that certain investment measures may cause restrictive effects on international trade in goods.

Objectives of Trade-Related Investment Measures

TRIMs believe that there is a strong connection between trade and investment. The goal of trade-related investments measures is to give fair treatment to all investing members across the world.

As the TRIMs deal says, members have to inform the World Trade Organization (WTO) council to buy and sell various services and goods of their current TRIMs that are incompatible with the agreement.

Main Features of TRIMs

• It only applies to investment measures related to goods trade.
• This doesn’t apply to service trade.
• It doesn’t regulate the entry of foreign industry or investment.
• It is about the discriminatory treatment of imported/exported products.
• Concern measures were applied to both foreign domestic firms.
• A transition period of 2 years in the case of developed countries, 5 years in the case of developing countries and 7 years in the case of LDCs, from the date this agreement came into effect, which is 1st January 1995.

The main obligation contained in this agreement is that members shall not apply any trade-related investment major that is inconsistent with Article III (national treatment) or Article XI (general elimination of quantitative restrictions) of the GATT .

A few related links are as follows:

The TRIMs agreement has directly restricted the following.

• Local Content Requirement

Local content requirement is the measure that if a developed country wants to trade their products in a developing country. Then the developing country wishes to agree on that deal if and only if it uses one of the domestic items on their product. It means that the growth of domestic products will increase.

For example, suppose a mobile brand wants to sell its products in India. However, India agrees if only the brand uses the battery made in India. If that mobile brand agrees to this agreement, the value of ‘made in India’ batteries will increase gradually, which is India’s benefit.

However, that mobile brand doesn’t get proper profit because of purchasing those domestic products or using those products. In other words, a developing country is restricting developed countries from trading their products.

• Trade Balancing Requirements

Trade balancing measures require that an enterprise’s purchase of imported products is equivalent to the quantity or worth of exported products. In simple words, someone from India has a business of desi ghee, and they export it in foreign.

However, they want to expand their business and import foreign cheese. Then, Indian government gave them the condition that they could import the same amount of foreign cheese as the amount of desi ghee they export. Basically, balancing the import and export amount of product or trade is called Trade Balancing .

However, the government is restricting the individual as per the TRIMs agreement.

• Foreign Exchange Restrictions

These include measures restricting importation by limiting access to foreign exchange.

• Domestic Sales Requirements

By using domestic sales requirements, many nations restrict the export of domestic products and distort trade. Because of this, the value of those products gradually decreases. As a result, the production of those products is highly available in the market.

Developing countries are permitted to retain Trade-Related Investment Measures by virtue of the economic development needs of developing countries. In TRIMs, some restrictions are overlooked for the developing countries’ economic needs.

Aspirants can visit the linked article and get details about the upcoming government exams that comprise current affairs and general awareness as an important topic in the syllabus.

For the best preparation strategy for competitive exams candidates can visit the linked article and get detailed study material and preparation tips to excel in the examination.

Other Related Links:

Frequently Asked Questions on Trade Related Investment Measures

What are trims’ instructions.

TRIMs demand that WTO members can not apply any measures that violate foreign investment that are against basic WTO principles.

Is India a part of TRIMs?

No, India does not have any commitment as per the TRIMs agreement.

What is the full form GATT?

The full form of GATT is General Agreement on Tariffs and Trade, which was established in 1947.

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This Father's Day, share a touching message with these 30 dad quotes

No matter the date, it's important to express appreciation and gratitude toward loved ones. But sometimes, the calendar reminds us of an extra special day to honor certain people in our lives.

The third Sunday of June is when we celebrate dads and father figures. Father's Day dates back to 1910 and was created by Sonora Smart Dodd of Spokane, Washington, according to the History Channel. Today, the holiday continues Dodd's mission to honor the " loving service " of fathers.

So if you're looking for kind and thoughtful words to share, or write on a card, here are some for this Father's Day.

Father's Day, fatherhood quotes

• "When my father didn't have my hand, he had my back." – Linda Poindexter
• "My mother gave me my drive, but my father gave me my dreams. Thanks to him, I could see a future." – Liza Minnelli
• "Anyone can be a father, but it takes someone special to be a dad, and that’s why I call you dad, because you are so special to me." – Wade Boggs
• "When you’re young, you think your dad is Superman. Then you grow up, and you realize he’s just a regular guy who wears a cape." – Dave Attell
• "I feel that the greatest gift that I can give my children is the freedom to be who they are." – Will Smith
• "To her, the name of father was another name for love." – Fanny Fern
• "My father was an amazing man. The older I got, the smarter he got." – Mark Twain
• "I believe that what we become depends on what our fathers teach us at odd moments, when they aren't trying to teach us. We are formed by little scraps of wisdom." – Umberto Eco , "Foucault’s Pendulum"
• "Dad taught me everything I know. Unfortunately, he didn’t teach me everything he knows." – Al Unser
• "My father didn't tell me how to live; he lived, and let me watch him do it." – Clarence B. Kelland
• "I realized being a father is the greatest job I have ever had and the greatest job I will ever have." – Dwayne "The Rock" Johnson
• "Great fathers don't find fault. Great fathers find solutions." – Reed Markham
• "What makes you a man is not the ability to have a child - it's the courage to raise one." – President Barack Obama
• "The imprint of a father remains forever on the life of the child." – Roy Lessin
• "The power of dad in a child's life is unmatched." – Justin Ricklefs
• "Fathering is not something perfect men do, but something that perfects the man." – Frank Pittman
• "The nature of fatherhood is that you’re doing something that you’re unqualified to do, and then you become qualified when you do it." – John Green
• "Dads are most ordinary men turned by love into heroes, adventures, story-tellers, and singers of songs." – Pam Brown
• "There's nothing more contagious than the dignity of a father." – Amit Ray , "World Peace: The Voice of a Mountain Bird"
• "What makes a good father? A good father sets an example that his children want to follow. A good father provides for the needs of his children – both material and non-material. A good father demonstrates his love in both words and actions. A good father provides guidance in a positive fashion." –  Rob Kozak , "Finding Fatherhood"
• "The heart of a father is the masterpiece of nature." – Antoine François Prévost d'Exiles
• "Being a great father is like shaving. No matter how good you shaved today, you have to do it again tomorrow." –  Reed B. Markham
• "My father had taught me – mostly by example – that if a man wanted to be in charge of his life, he had to be in charge of his problems." – Stephen King , "Joyland"
• "Life doesn't come with an instruction book; that's why we have fathers." – H. Jackson Brown Jr.
• "A father is the one friend upon whom we can always rely." –   Émile Gaboriau
• "The best fathers have the softest, sweetest hearts. In other words, great dads are real marshmallows." – Richelle E. Goodrich , "Slaying Dragons"
• "There's something beautiful about a mothers embrace. And there's something magical about a fathers affirmations." – Hendrith Vanlon Smith Jr.
• "My father gave me the greatest gift anyone could give another person, he believed in me." – Jim Valvano
• "Lately all my friends are worried they're turning into their fathers. I'm worried I'm not." – Dan Zevin
• "Of all the titles that I've been privileged to have, the title of 'dad' has always been the best." – Ken Norton

Looking for more? 50 positive life quotes to inspire, and lift your spirit each day

Just Curious for more? We've got you covered

USA TODAY is exploring the questions you and others ask every day. From " What is June's birthstone? " to " When do the Olympics start? " to " How to file the FAFSA? " − we're striving to find answers to the most common questions you ask every day. Head to our  Just Curious section  to see what else we can answer.

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• trade topics

Overview: the TRIPS Agreement

The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property.

> General provisions > Standards of protection > Copyright > Related rights > Trademarks > Geographical indications > Industrial designs > Patents > Integrated circuits > Undisclosed information > Anti-competitive licences > Enforcement > General obligations > Procedures and remedies > Provisional measures > Border measures > Criminal procedures > Other provisions > Acquiring and maintaining rights > Transitional arrangements > Protecting existing matter

Other provisions 

Acquisition and maintenance of intellectual property rights and related inter partes procedures    Back to top

On the whole, the Agreement does not deal in detail with procedural questions concerning acquisition and maintenance of intellectual property rights. Part IV of the Agreement contains some general rules on these matters, the purpose of which is to ensure that unnecessary procedural difficulties in acquiring or maintaining intellectual property rights are not employed to impair the protection required by the Agreement. According to paragraph 1 of Article 62, Members may require, as a condition of the acquisition or maintenance of rights related to trademarks, geographical indications, industrial designs, patents and layout-designs, compliance with reasonable procedures and formalities. Where the acquisition of an intellectual property right is subject to the right being granted or registered, the procedures must permit the granting or registration of the right within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection (paragraph 2). Procedures concerning the acquisition or maintenance of intellectual property rights and, where a Member's law provides for such procedures, administrative revocation and inter partes procedures such as opposition, revocation and cancellation, must be governed by the general principles concerning decisions and review set out in paragraphs 2 and 3 of Article 41 of the Agreement (paragraph 4). Final administrative decisions in such procedures must generally be subject to review by a judicial or quasi-judicial authority (paragraph 5).

Transitional arrangements Back to top

The TRIPS Agreement gives all WTO Members transitional periods so that they can meet their obligations under it. The transitional periods, which depend on the level of development of the country concerned, are contained in Articles 65 and 66.

Developed country Members have had to comply with all of the provisions of the TRIPS Agreement since 1 January 1996. However, all Members, even those availing themselves of the longer transitional periods, have had to comply with the national treatment and MFN treatment obligation as of 1 January 1996.

For developing countries, the general transitional period was five years, i.e. until 1 January 2000. In addition, the Agreement allowed countries in transition from a centrally-planned into a market economy to delay application until 2000, if they met certain conditions.

The TRIPS Agreement provided special transition rules for a situation where a developing country did not provide product patent protection in a given area of technology on 1 January 2000. This provision was especially relevant to pharmaceutical and agricultural chemical inventions. According to Article 65.4, a developing country could delay the application of the TRIPS obligations on product patents to such areas of technology until 1 January 2005.The “non-backsliding” clause in Article 65.5 forbid developed and developing country members and members transitioning to a market economy availing themselves of transitional periods from reducing the level of protection of intellectual property in a way which would result in a lesser degree of consistency with the requirements of the Agreement.

For those countries on the United Nations list of least-developed countries, the transitional period was initially eleven years with the possibility of extension upon duly motivated request. It has been extended three times, and is now set to run until 1 July 2034, or until a member ceases to be an LDC, whichever comes first.

In the situation where patent protection is not provided for pharmaceutical and agricultural chemical products commensurate with the TRIPS provisions on scope of patentable subject matter as of 1 January 1995, Articles 70.8 and 70.9 provide for additional transitional arrangements. In accordance with the "mailbox" provision contained in Article 70.8, the country concerned is required to provide a means by which patent applications for such inventions can be filed. These applications do not need to be examined for their patentability until the country starts applying product patent protection in that area. If a product that is the subject of such a mailbox patent application in a member obtains marketing approval before the decision on the grant of the patent is taken, there is an obligation under Article 70.9 to grant exclusive marketing rights for a period of up to five years or until the patent is granted or rejected, whichever comes first.

Protection of existing subject-matter Back to top

An important aspect of the transition arrangements under the TRIPS Agreement is the provisions relating to the treatment of subject-matter already existing at the time that a Member starts applying the provisions of the Agreement. As provided in Article 70.2, the rules of the TRIPS Agreement generally apply to subject-matter existing on the date of application of the Agreement for the Member in question and which is protected in that Member on the said date. In respect of copyright and most related rights, there are additional requirements. Articles 9.1, 14.6 and 70.2 of the TRIPS Agreement oblige WTO Members to comply with Article 18 of the Berne Convention, not only in respect of the rights of authors but also in respect of the rights of performers and producers of phonograms in phonograms. Article 18 of the Berne Convention as incorporated into the TRIPS Agreement includes the so-called rule of retroactivity, according to which the Agreement applies to all works which have not yet fallen into the public domain either in the country of origin or the country where protection is claimed through the expiry of the term of protection. The provisions of Article 18 allow some transitional flexibility where a country is, as a result, taking subject-matter out of the public domain and putting it under protection, in respect of the interests of persons who have in good faith already taken steps on the basis of the material being in the public domain.

CLT Sky Suites - Charlotte Airport

4920 S Tryon St, Charlotte, NC, 28217

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Members save up to 10% and earn World of Hyatt points when booking AAA/CAA rates! Members also receive free breakfast at Hyatt Place/Hyatt House with their World of Hyatt membership!

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Extended Stay Hotel

4920 S Tryon St 28217. Station: Woodlawn

Dining & Entertainment

nearby, full bar

Room Amenities

refrigerators, microwaves, coffeemakers, wireless Internet

Sports & Recreation

exercise room

Guest Services

valet and coin laundry, airport transportation

pet friendly (call for restrictions/fees.)

AAA Diamond Program

Comprehensive amenities, style and comfort level.

Spacious, Bedding Furniture, Seating, Television, Amenities, Technology, Style, Comfort

Layout, Vanity Area, Shower, Fixtures, Illumination, Amenities

Exterior, Facilities, Layout, Vibe, Food and Drink, Technology, Recreation

AAA Diamond Inspector Notes

S tylish one-bedroom and two-bedroom/two-bathroom suites feature pull-out sofas and efficiencies equipped with a two-burner cooktop, mini-fridge, microwave oven and dishwasher. Complimentary breakfast is served daily in the lobby. In the evenings, light dinner fare is available in the lobby lounge. The seasonal pool in the courtyard is a great place to lounge or swim laps when the weather is warm. Smoke free premises. 136 efficiencies, some two bedrooms. 5 stories, interior corridors. Accessibility (Call).

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Our 10 favorite travel hacks

Want to travel better? The Upgrade has your back.

The Upgrade is By The Way’s series offering guest writers a place to share their travel hacks and hot takes. For every edition, illustrator extraordinaire Min Heo animates the advice. Below are some of our most popular entries. Some may look basic, but ask yourself: Are you optimizing your travel routine?

Want to write your own Upgrade? See how to submit here .

Dress up for your flight

David Coggins longs for the Cary Grant era of aviation, wishing more passengers would step up their game to bring some dignity and glamour to the experience. The author of “ Men and Style ” argues that making a sartorial effort shows respect to gate agents and flight attendants in uniforms — and your fellow passengers.

“I realize this is a losing battle, but it’s still a good fight,” Coggins writes. “If a sweatsuit is your truth, then there’s nothing else I can say, other than nobody has looked good in a sweatsuit in the history of the world.”

He’s not sure if wearing that checked blazer will really get you upgraded to first class , but it couldn’t hurt.

Visit ‘second cities’ in Europe

Rick Steves is our favorite pétanque-playing philanthropist . He’s a respected travel expert, too. In his beloved Europe, Rick recommends you break up every visit to a capital with a final day in a “ second city .” Think Porto vs. Lisbon , Glasgow vs. Edinburgh and Marseille vs. Paris .

“While lacking the popularity and the bucket-list sights,” Steves writes, “Europe’s second cities tend to enjoy a creative edge, a strong civic spirit, a Rust Belt toughness, fun-loving eateries with cutting-edge menus, entertaining street art … and far fewer tourists, which also means lower prices, a more authentic welcome and arguably a more honest cultural experience.”

Pick your travel uniform

Like Steve Jobs and many practitioners of quiet luxury , travel writer Jessica Poitevien is all about eliminating decision fatigue. Standardizing a set of clothes only for flying doesn’t just help you streamline your packing routine. Poitevien “doesn’t worry about leaving anything important behind, because I have two of everything: one that’s for home and one that sits in my backpack waiting for the next trip. All I add is my passport, laptop and current reading material, and I’m good to go.”

What’s her uniform look like?

“My top is always a long, loosefitting T-shirt or sweater, so I’m covered through all the bending and lifting that happens with luggage and going through security,” Poitevien writes. “I add a jean jacket to stay warm on those freezing planes and use its inner pockets to keep my phone, passport and boarding pass within easy reach.”

Cut your airport arrival dangerously close

It’s not for the faint of heart, but travel writer Brad Japhe wants to waste as little of his life in airports as possible.

“I live about five miles from Los Angeles International Airport,” Japhe writes, “and if my scheduled domestic flight is at, say, 9 a.m., I’m comfortable entering an Uber up until 8:32 a.m.”

Besides some serious bravado, pulling this off requires the use of PreCheck or Clear, among other conditions:

• Traveling solo .
• Express security lanes .
• Familiar airport.
• No checked bags .

Order the Hindu meal

Food and travel writer David Farley thinks we should reject the binary of chicken or pasta in favor of a plant-based meal that exudes spice . By reserving a Hindu meal on your next long-haul flight, you could be treating yourself to dal makhani and naan, or bhindi masala and raita. As long as your reserve your meal at least 24 hours ahead of your flight, airlines told us, you won’t be taking a special one away from anyone else.

Get up early on vacation

Life is short. So take a cue from the dad playbook, and seize the vacation day with an early wake-up call . For Deputy Features Editor Amanda Finnegan , rising with the sun means hours of calm before your travel partners join you. And by 10 a.m., you’re ready for your first nap.

Make a fashion statement in black and blue

Rachel Tashjian ’s job is cooler than your job. As a fashion writer, she flies to Europe three or four times a year for work, watching extravagant clothes appear in fashion shows for weeks at a time . It’s a dream, but there’s an understandable amount of pressure to look amazing every single day. Enter the black-and-blue hack . By mixing a pop of navy in with a collection of dark pieces, you’re making the daring choice to break one of the primary rules of fashion.

Her packing list:

• Two skirts: something that flows and something that hugs.
• Three jackets: a classic blazer, something weird and an open-front wool jacket.
• One pair of trousers.
• One black dress.
• Three T-shirts.
• Black shoes.

Stop eating airport food

Noah Galuten is a hero hubby. By the simple act of making his wife a sandwich to take to the airport, the Los Angeles-based chef and author had the epiphany that we should all swear off precooked egg patties forever .

Sure, you could get settle for upcharged coffee, a Dunkin’ wrap or a sad Caesar from “Weirdly Branded Bar & Grill You Have Never Heard Of.” Or, you could be the game changer for your household, whipping up breakfast burritos or English muffin sandwiches — or just buying a better sandwich in advance in the real world (see: Emily’s Pork Store , Brooklyn).

Take a solo trip

The secret to a happy relationship is compromise. And giving your partner time to travel solo — especially if you’ve got a kid at home. That’s the philosophy preached by writer Austin Graff , an extrovert who has learned to appreciate the benefits of going it alone: It’s easier to get into top-rated restaurants, there’s time to wander and you return to your family more thoughtful and present.

Take a buffer day

The weekend-warrior routine is for people in their 20s. Once you’re in your 30s, Rachel Orr writes, you know well enough to quit pushing so hard and give yourself an extra day to chill before rushing back to work . “Think of it as a mini staycation at the end of your vacation,” she suggests.

More travel tips

Vacation planning: Start with a strategy to maximize days off by taking PTO around holidays. Experts recommend taking multiple short trips for peak happiness . Want to take an ambitious trip? Here are 12 destinations to try this year — without crowds.

Cheap flights: Follow our best advice for scoring low airfare , including setting flight price alerts and subscribing to deal newsletters. If you’re set on an expensive getaway, here’s a plan to save up without straining your credit limit.

Airport chaos: We’ve got advice for every scenario , from canceled flights to lost luggage . Stuck at the rental car counter? These tips can speed up the process. And following these 52 rules of flying should make the experience better for everyone.

Expert advice: Our By The Way Concierge solves readers’ dilemmas , including whether it’s okay to ditch a partner at security, or what happens if you get caught flying with weed . Submit your question here . Or you could look to the gurus: Lonely Planet and Rick Steves .

I booked an all-inclusive trip to the Amazon rainforest, and I can't believe how much I got for $90 a day

• I spent about three days at an all-inclusive lodge in the Amazon rainforest for $270.
• I had to take a two-hour bus and a two-hour canoe ride to get to my overwater lodge . 
• I spent my time spotting animals, hiking, swimming, and taking in the peaceful setting.

As a child, I dreamed of visiting the Amazon rainforest, but I always envisioned it being wildly inaccessible.

Traveling, especially internationally, is expensive. Looking at lodging alone, hotel prices shot up by 1.7% between April and May, according to NerdWallet's Travel Price Index .

So when I found a three-day, all-inclusive tour of the Amazon rainforest at Green Forest Ecolodge for just $270, I knew I had to go.

The package included all my meals, bus and canoe transfers, a private lodge, and up to four activities a day.

Here's what it was like.

It was a bit of a hike to get there

After landing in Ecuador, I hopped on an overnight shuttle from Quito to Lago Agrio. Still slightly sleepy, I splurged and spent a few dollars on a taxi from the bus station to Magic Hostal, the designated meeting spot.

From there, a driver met me for a complimentary transfer to the canoe launch. The drive took about two hours, winding through suburbs and navigating a mixture of tarmac and grit roads.

After jumping off the minibus, the real adventure started. I was ushered toward the river, where a guide placed my luggage in a thick plastic bag on a canoe to keep it dry.

He then helped me board the precariously wobbling vessel and gave me a green poncho (it's not called the rainforest for nothing).

With that, we were on our way to the lodge

A driver steered the vessel while a tour guide kept a sharp eye out for wildlife. They seemed to understand that time was of the essence in my short three-day stay.

The most exciting sighting was squirrel monkeys — sociable little primates that leaped along overwater branches. But by the time the two-hour canoe ride was over, I'd already seen multiple monkey species, birds, and a sloth.

It started raining as the canoe navigated the last few bends of the Cuyabeno River. I was dry under my fancy green poncho, but not wearing waterproof mascara was definitely a poor choice.

The overwater lodges were connected by a green boardwalk

I was ecstatic as we approached the wooden dock and I got my first glimpse of the lodge I'd be staying in.

I opted for a private overwater bungalow with a terrace and hammock. The double bed inside came equipped with a mosquito net, and the bathroom was semi-open and overlooked the jungle.

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It was truly beautiful.

Meals were a sociable and elaborate occasion with the other guests

Lunch was served right away. Everyone staying here ate together three times a day in the main lodge, and a bell rang to announce each meal.

Meals consisted of three courses of traditional Ecuadorian cuisine.

There was a starter, main, and dessert at lunch and dinner , and breakfast was a mixture of fruit, toast, and a hot meal. Unlimited hot drinks and bottled water were also available 24/7.

I'm vegetarian, and I was a little worried about the food and drink situation, but I didn't have any issues during my stay. The staff were very conscious of food quality and water safety, so I wasn't worried about getting sick.

I experienced so many excursions as part of my all-inclusive package

On the first day alone, I saw caimans (alligatorid species) and took a guided night hike.

I spotted all kinds of nocturnal creatures like tarantulas.

The second day was busier, starting with a hike through the thick jungle.

While treading through the wet soil — that's almost orange from the high levels of clay — I saw a snake and owl monkeys before crossing some swamp terrain.

Along the way, our guide, Elvis, taught us about the rainforest. I learned poisonous snakes in the Amazon have a triangular head and that indigenous Cuyabeno communities believe copal resin wards off negativity.

I'd been nervous about swimming in the Amazon, but it was surprisingly warm

Later on the second day, I'd scheduled a sunset lagoon swim.

On the way, we saw pink dolphins and woolly monkeys and heard roaring howler monkeys.

I wasn't sure what to expect, and I was a little nervous about swimming (it wasn't exactly balmy). But after diving into the lagoon from the canoe, everything was peaceful.

It was a refreshing bit of solitude as Elvis played music from a speaker.

On the boat ride back, we spotted adult caimans that looked straight out of "Jurassic Park." Their unnerving yellow eyes were shuddering but impressive.

The third day was short and sweet but still amazing

My final morning started with a quick birdwatching excursion. I spotted toucans, macaws, and a nesting red heron.

But after breakfast, it was time to head back out on the canoe to transfer to Lago Agrio.

I couldn't believe the value I got for my money

Visiting the Amazon rainforest was the opposite of what I expected. It was budget-friendly and serene, not expensive and uncomfortable.

After my stay, I realized $270 for three days of food, lodging, and activities was a ridiculously good deal — especially since I got to see caimans, pink river dolphins, five species of monkeys, and hundreds of insects and birds.

I'd definitely recommend the experience, even for the squeamish or those who don't think they're outdoorsy.

Watch: How 40,000 Brazil nuts are collected deep in the Amazon rainforest

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