Trips Agreement Objectives

Posted by on Dec 19, 2020 in Uncategorized | 0 comments

With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of “promoting access to medicines for all”. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. 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. Article 7 (Principles) and Article 8 (Goals) are at the forefront of the text of the WTO`s ON-TRIPS agreement, but have been sparsely illustrated in the statement of the dispute resolution body`s (DSB) reasons. This disparity is further accentuated by taking into account three key factors. First, the pioneering step of trips negotiators, which involves including comprehensive statements of intent in the operational text. Second, the strengthening of these provisions in the Doha DECLARATION on TRIPS and Public Health in 2001. Finally, the literal transposition of these provisions into other international ip instruments, including the Trans-Pacific Partnership, the anti-counterfeiting trade agreement and WIPO`s development agenda.

Taken together, these factors require a more in-depth analysis of the importance and application of Sections 7 and 8. This article is intended to contribute to this study by making available the different elements of each provision of a detailed text analysis. It will appear that necessity, adequacy, coherence and good faith are legal principles contained in Articles 7 and 8. In addition, these provisions recognize a principle of central interpretation – that of national regulatory autonomy. This means, but also, taking into account national political choices, recognizing a state-centered calibration method that must guide the application of TRIPS and any other agreement in which they are integrated. The general objectives of the ON TRIPS agreement are contained in the preamble to the agreement, which echoes the fundamental negotiating objectives of the Uruguay Round, set in the TRIPS zone by the 1986 Punta del Este Declaration and the 1988/89 mid-term review. These objectives include reducing distortions and barriers to international trade, promoting effective and adequate protection of intellectual property rights, and ensuring that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade. These objectives should be understood in conjunction with Article 7 Objectives, under which the protection and implementation of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual benefit of producers and users of technological knowledge, and in a way that promotes social and economic well-being, and to the balance of rights and obligations. Article 8, entitled “Principles,” recognizes the right of members to take action for public health and other public interest reasons and to prevent abuses of intellectual property rights, provided these measures are consistent with the provisions of the TRIPS agreement. In addition to the basic intellectual property standards set out in the TRIPS agreement, many nations have committed to bilateral agreements to adopt a higher level of protection.