Assignment On 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. The Agreement on trade aspects of intellectual property rights (TRIPS) entered into force in 1995 under the Agreement establishing the World Trade Organisation (WTO). TRIPS includes and builds on the latest versions of the primary intellectual property agreements managed by the World Intellectual Property Organization (WIPO), the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, which date back to the 1880s. 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. In addition to the basic intellectual property standards established by the TRIPS Agreement, many nations have engaged in bilateral agreements to introduce a higher level of protection. This collection of standards, known as TRIPS+ or TRIPS-Plus, can take many forms. [20] The general objectives of these agreements are as follows: the TRIPS Agreement is an agreement on minimum standards that allows members to ensure, if they so wish, broader protection of intellectual property. . . .