Trips Agreement

Data exclusivity and other TRIPS Plus provisions are often encouraged in the context of free trade agreements between developed and developing countries. 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. 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. The trade-related aspects of intellectual property, commonly known as TRIPS, is a multilateral agreement within the framework of the World Trade Organization (WTO) that entered into force in 1994. It was the first such agreement to treat so-called intellectual property rights (IP), in particular copyrights and patents, as a global trade issue, since the failure of one country to protect the intellectual property of another constitutes a barrier to trade between those countries. However, the definition of IP as a trade issue was to have access to established WTO enforcement mechanisms, which can allow trade sanctions to be applied against countries that do not meet agreed standards.

Comments are closed.