Text Of Trips Agreement

Unlike other intellectual property agreements, TRIPS has an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. (a) arising from international agreements on mutual legal assistance or application of a general nature which are not particularly limited to the protection of intellectual property; The 2002 Doha Declaration reaffirmed that the TRIPS Agreement should not prevent members from taking the necessary measures to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as compulsory licensing, are almost impossible to enforce. Less developed countries, in particular, cited their young domestic manufacturing and technology industries as evidence of the imprecision of the policy. (d) arising from international agreements for the protection of intellectual property which entered into force before the entry into force of the WTO Agreement, provided that such agreements are notified to the Ad Hoc Council and do not constitute arbitrary or unjustifiable discrimination against nationals of other Members. The obligations under Articles 3 and 4 shall not apply to procedures under multilateral agreements concluded under the auspices of WIPO concerning the acquisition or maintenance of intellectual property rights. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was originally negotiated in the Uruguay Round 1986-1994. (The original text of the TRIPS Agreement was added to Annex 1C to the Marrakesh Agreement Establishing the World Trade Organisation)) This is the first time that intellectual property rules have been introduced into the multilateral trading system.

Please follow the following links for more information – the WTO has a useful introduction for those who are new to this field and provides access to the text of the agreement. A 2003 agreement eased the requirements of the domestic market and allows developing countries to export to other countries where there is a national health problem as long as the exported medicines are not part of a trade or industrial policy. [10] Drugs exported under such a regime may be packaged or coloured differently to prevent them from harming the markets of industrialized countries. . . .


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