Trips Agreement Patents

The World Trade Organization (WTO) is the international organization that deals with the rules of trade between nations. Since February 2005, 148 countries have been members of the WTO. By being admitted to the WTO, countries undertake to comply with the 18 specific agreements annexed to the agreement establishing the WTO. You cannot choose to participate in some agreements, but not in others (with the exception of some “plurilateral” agreements that are not mandatory). The introduction of temporary protection of industrial property rights against the granting of protection was an example of an increase in the level of protection; extending the period of validity of patents in order to compensate for delays in granting authorisation to place products on the market; or the extension of the scope of patentability and/or the capacity to register trademarks beyond the provisions of Articles 27 and 27. 15 of the minimum requirements laid down in the TRIPS Agreement. Since the entry into force of TRIPS, it has been the subject of criticism from developing countries, scientists and non-governmental organizations. While some of this criticism is directed at the WTO in general, many proponents of trade liberalization also see TRIPS as bad policy. The wealth concentration effects of TRIPS (the movement of money from people in developing countries to copyright and patent holders in developed countries) and the imposition of artificial shortages on citizens of countries that would otherwise have weaker intellectual property laws are common bases for such criticism. Other criticisms focused on TRIPS` failure to accelerate the flow of investment and technology to low-income countries, an advantage advanced by WTO members before the agreement was created. World Bank statements indicate that TRIPS has not been able to tangibly accelerate investment in low-income countries, although this has been done for middle-income countries. [33] The long periods of validity of patents under TRIPS have been examined to indicate that they excessively slow down market entry for generic drug substitutes and competition in the market.

In particular, the illegality of preclinical studies or the filing of samples for approval until a patent expires has been held responsible for the growth of a few multinationals and not producers in developing countries. But the question of what deserves to be patented is left to the countries. The agreement simply states that patents must be granted for new, inventive and useful inventions, but does not define these concepts. Whether a new formulation (e.g. B the manufacture of a pill of a drug previously available in powder form) or a new combination (combination of two or more existing molecules for a new pill) deserves a new 20-year patent is, for example, a prerogative of countries and is not defined by WTO texts. Countries should therefore determine, according to their own social and economic conditions, what kind of inventions in the field of medicines deserve patents. Some governments, such as Brazil, Thailand or India, have done just that. In today`s world, this decision can be a matter of life and death for many patients. Software Patent Debate Patent List Unlike other intellectual property agreements, TRIPS has an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. The minimum rights that a patent must confer under the TRIPS Agreement follow exactly those found in most patent laws, namely the right of the patent owner to prevent unauthorized persons from using the patented process and from manufacturing, using, selling or importing the patented product or a product obtained directly by the patented process.

It didn`t take long for the subject to get worse. .