The Trips Agreement Comes Of Age

Unsurprisingly, many countries that were most opposed to the Uruguay Round ip negotiations were directly targeted by the USTR. Unilateral pressure of this kind has not only led many hesitant countries to the negotiating table, but has also made agreement on a set of multilateral rules more attractive (Odell, 2006); Drahos, 1995; Bayard – Elliott, 1994; Bhagwati – Patrick, 1990). When the WTO was created in 1995, the Intellectual Protection Agreement, the TRIPS Agreement, was incorporated. 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.

Taubman A., Watal, J. 2015. Revisiting the TRIPS negotiations: Genesis and structure of this book. In J. Watal – A. Taubman (Eds), The Making of the TRIPS Agreement: Personal Results of the Uruguay Round negotiations: 3-14. Geneva: WTO. Although TRIPS have introduced harmonization, they have not created a world of unitary patent policies and levels of patent protection.

This means that a number of countries could match all TRIPS, but all show differences in the details of their national IP systems. The reasons are twofold. First, TRIPS is not a self-structuring legal body, but an agreement that imposes and prohibits different practices and leaves implementation issues to countries.

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