Trips Agreement Articles

The World Trade Organization is the governing body for international trade between its member states. It is the only organization of its kind in the world, so it has a huge influence on international trade policy. Although there are bilateral and multilateral free trade agreements and are authorized by WTO provisions, no other agreement has been as driving for globalization and liberalizing trade barriers as the series of WTO agreements. The WTO allows representatives of member states to unite to form agreements that are essential to the functioning of the WTO and the expansion of world trade. There are three such agreements: the GATT (general agreement on tariffs and trade), the GATS (general agreement on trade in services) and the TRIPS (commercial aspects of intellectual property rights) agreement (5). Trips-plus conditions, which impose standards beyond TRIPS, have also been verified. [38] These free trade agreements contain conditions that limit the ability of governments to introduce competition for generic drug manufacturers. In particular, the United States has been criticized for promoting protection far beyond the standards prescribed by the TRIPS. The U.S. free trade agreements with Australia, Morocco and Bahrain have expanded patentability by making patents available for new uses of known products. [39] The TRIPS agreement authorizes the granting of compulsory licences at the discretion of a country.

The terms of trips plus in the U.S. Free Trade Agreement with Australia, Jordan, Singapore and Vietnam have limited the application of mandatory licences to emergencies, remedies for cartels and abuse of dominance, and cases of non-commercial public use. [39] The 1994 World Trade Organization (WTO) agreement on trade-related aspects of intellectual property rights (TRIPS) aims to establish a single instrument for protecting intellectual property in all Member States to ensure greater stability in international economic relations. Critics say the TRIPS agreement provides unnecessarily strong protection of intellectual property rights, which aims to prevent patients in developing countries from accessing essential medicines at affordable prices.

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