The procedural aspects have been left to national governments to devise while bringing their legislation into conformity with the agreement. Countries that do not provide product patents in certain areas can delay the implementation of the povisions on product patents for another five years. However, they have to provide exclusive marketing rights for products which obtain patents after 1.1.95. India has gone along with the consensus in favour of acceptance of the results of the Uruguay Round including the agreements on TRIPs. In the area of copyright and realted rights i e rights of performers, producers of phonograms and broadcasting organisations, the agreement requires compliance with the provisions of the Berne convention.
Computer programmes are to be protetcted as literary works.
The term of protection for copyrights and rights of performers and producers of phinigrams is to be no less than 50 years. In cae of broadcasting organisations, however the term of protection is to be at least 20 years. Indian is already a signatory to the Berne Convention and our laws confirm to the provisions of the conventions. The Indian Copyright Act has recently has been amended to take care of our policy concerns. Such distingusihing marks constitute protectable subject matter under the provisions of the agreement.