The actual copyright and patent standards of the TRIPS agreement come largely from other sources. As far as copyright is concerned, the Berne Convention is the source of most OF the TRIPS provisions. The main areas in which TRIPS expands Bernese copyright provisions are the explicit protection of software and databases. Similarly, the Paris Convention provides the source of patent adhesive provisions, to which TRIPS mainly add rules of application. The Berne and Paris Conventions are managed by WIPO. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) was negotiated between 1986 and 1994 as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), which led to the creation of the World Trade Organization (WTO). The TRIPS agreement sets minimum levels for different types of intellectual property protection, including copyright, trademarks, patents, industrial design and trade secret protection. WTO membership implies an obligation to respect the TRIPS agreement. According to the WTO, the agreement seeks to strike a balance between long-term social benefits to society through increased innovation and short-term costs to society due to lack of access to inventions (World Trade Organization: Intellectual Property: Protection and Enforcement. Appeal of the WTO agreement: agreements: wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm).
An agreement reached in 2003 relaxed domestic market requirements and allows developing countries to export to other countries with a public health problem as long as exported drugs are not part of a trade or industrial policy. [10] Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. 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. This pressure, which can be bilateral (for example. B under U.S.
Trade Representative Special Procedure 301) or multilateral (smaller competing trade agreements such as the Trans-Pacific Partnership (TPP), has multiplied in recent years due to an effective failure of the WTO negotiations, which halted further progress in their last round of negotiations, the Doha Development Round. A detailed overview of the ADPIC agreement THE TRIPS agreement … is the most comprehensive multilateral agreement on intellectual property to date… This contribution examines this balance by considering the two poles of intellectual property policy: encouraging innovation and optimising
