Important Features Of Trips Agreement

The obligations under Articles 3 and 4 shall not apply to procedures under multilateral agreements concluded under the auspices of WIPO concerning the acquisition or maintenance of intellectual property rights. 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 TRIPS Agreement is an agreement on minimum standards that allows members to guarantee, if they so wish, broader protection of intellectual property. Members are free to determine the appropriate method for implementing the provisions of the Agreement in their own legal and practical order. 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] Among the general objectives of these agreements are the TRIPS that were negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) from 1986 to 1994. Its inclusion was the culmination of an intensive lobbying program by the United States, supported by the European Union, Japan and other developed countries.

Unilateral economic support campaigns under the Generalized System of Preferences and coercion under Section 301 of the Trade Act have played an important role in suppressing competing political positions favoured by developing countries such as Brazil, but also Thailand, India and the Caribbean Basin countries. The U.S. strategy to link trade policy to intellectual property standards can in turn be attributed to the entrepreneurial spirit of Pfizer`s management in the early 1980s, which mobilized companies in the United States and made the maximization of intellectual property privileges the top priority of U.S. trade policy (Braithwaite and Drahos, 2000, Chapter 7). . . .