home Home
learn more Learn More
screenshots Screenshots
download Download
register Register
faq FAQ
ebay tips eBay Tips
testimonials Testimonials
blog Blog

RSS Feed    RSS Feed

  • No categories

Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4). 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. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is an agreement of international law between all World Trade Organization (WTO) member states. It sets minimum standards for the regulation of different forms of intellectual property by national governments, as is the case for nationals of other WTO member states. [3] The TRIPS agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is managed by the WTO.

While pressure from the chemical, pharmaceutical and entertainment industries led to a “quiet revolution” from the 1970s in strengthening the protection of intellectual property authorities in the United States, corporate lobbyists have also tried to take the issue to the global level (Archibugi- Filippetti, 2010). U.S. government policymakers, concerned about the country`s trade deficit and loss of competitiveness, have become increasingly sensitive to their arguments. International intellectual property rights based on protection and exclusion, not competition and dissemination, have therefore been promoted as a means of preserving a comparative advantage in emerging knowledge and high-tech sectors of the global economy. Business groups have succeeded in putting intellectual property protection on the agenda of the Uruguay Round and – by asserting unparalleled expertise on the “technical” issues of intellectual and intellectual protection legislation – have succeeded in playing a key role in the development of the terms of the agreement (Matthews, 2002: 7-28). It is also essential to point out that the concept of intellectual property, as contained in the TRIPS AGREEMENT, is based on a particular interpretation of intellectual property rights that has developed in recent decades within the Western tradition. In the 1960s and 1970s, the G77 first focused on intellectual property as an international problem, when they attempted, as part of the advance of a new international economic order, to weaken the protection of existing intellectual property rights in order to reduce the technological deficit with industrialized countries (May and May 2006: 155-156). But the debate has also spurred several players in the United States – and to a lesser extent in Europe and Japan – who were increasingly concerned about losses from counterfeit trafficking. The potential social costs of TRIPS for poor countries have become particularly evident in terms of access to medicines, particularly

Posted on December 18th, 2020 | filed under Uncategorized |

Comments are closed.

  Contact    About    Privacy    Copyright    Affiliates    Links