Note On Trips Agreement

With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of “promoting access to medicines for all”. Since the TRIPS agreement came into force, it has been criticized by developing countries, scientists and non-governmental organizations. While some of this criticism is generally opposed to the WTO, many proponents of trade liberalization also view TRIPS policy as a bad policy. The effects of the concentration of WEALTH of TRIPS (money from people in developing countries for copyright and patent holders in industrialized countries) and the imposition of artificial shortages on citizens of countries that would otherwise have had weaker intellectual property laws are common bases for such criticisms. Other critics have focused on the inability of trips trips to accelerate the flow of investment and technology to low-income countries, a benefit that WTO members achieved prior to the creation of the agreement. The World Bank`s statements indicate that TRIPS have clearly not accelerated investment in low-income countries, whereas they may have done so for middle-income countries. [33] As part of TRIPS, long periods of patent validity were examined to determine the excessive slowdown in generic drug entry and competition. In particular, the illegality of preclinical testing or the presentation of samples to be authorized until a patent expires have been accused of encouraging the growth of certain multinationals and not producers in developing countries. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) was negotiated between 1986 and 1994 as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), which led to the creation of the World Trade Organization (WTO).

The TRIPS agreement sets minimum levels for different types of intellectual property protection, including copyright, trademarks, patents, industrial design and trade secret protection. WTO membership implies an obligation to respect the TRIPS agreement. According to the WTO, the agreement seeks to strike a balance between long-term social benefits to society through increased innovation and short-term costs to society due to lack of access to inventions (World Trade Organization: Intellectual Property: Protection and Enforcement. Appeal of the WTO agreement: agreements: wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm). The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health.