What Is Trips Agreement Intellectual Property

Posted by on Apr 15, 2021 in Uncategorized | No Comments

With regard to the protection of intellectual property, all benefits, benefits, privileges or immunities granted by one member to nationals of another country are granted without delay and without conditions to the nationals of all other members. Excluded from this obligation are all the benefits, benefits, privileges or immunities granted by a member: Daniele Archibugi and Andrea Filippetti[34] claim that the importance of TRIPS in the process of developing and disseminating knowledge and innovation has been overestimated by its supporters. This was supported by the FINDINGs of the United Nations that many low-protection countries regularly benefit from significant foreign direct investment (FDI). [35] Analysis of OECD countries in the 1980s and 1990s (which extended the lifespan of drug patents by 6 years) showed that, although the total number of registered products increased slightly, the average innovation index remained unchanged. [36] On the other hand, J-rg Baten, Nicola Bianchi and Petra Moser (2017)[37] find historical evidence that compulsory licensing – a key mechanism for weakening IP rights under Article 31 of TRIPS – can effectively lead to the promotion of inventions by increasing the threat to competition in areas of low competition. They argue, however, that the benefits of weakening intellectual property rights depend heavily on the ability of governments to make a credible commitment to use them only in exceptional cases, since companies can invest less in research and development if they expect repeated episodes of mandatory licensing. 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.