What Is The Purpose Of Trips Agreement

- December 20, 2020

For the purposes of the agreement, geographical indications are defined as indications identifying a credit as originating in the territory of a member, region or territory located in the territory of a member state or region of that area, where a particular property, reputation or other characteristic of the goods is essentially due to their geographical origin (Article 22.1). This definition therefore specifies that the quality, reputation or other characteristics of a species of property may provide a sufficient basis for amenity as a geographical indication, when they are essentially due to the geographical origin of the goods. 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. This collection of standards, known as TRIPS or TRIPS-Plus, can take many forms. [20] The general objectives of these agreements include: patents, industrial designs, integrated circuit designs, geographical indications and trademarks must be registered for protection. The recording contains a description of what is protected by the invention, design, brand name, logo, etc., and this description is public information. The removal of a trademark for non-use cannot take place before the expiry of a three-year period of uninterrupted non-use, unless the trademark holder has good reason to prevent it. Circumstances beyond the control of the trademark holder, such as import restrictions or other state restrictions, are recognized as valid grounds for non-use. The use of a trademark by another person subject to the control of its owner must be recognized as the use of the trademark for the purpose of maintaining registration (Article 19). Since the TRIPS agreement came into force, it has been criticized by developing countries, scientists and non-governmental organizations. While some of this criticism is generally opposed to the WTO, many proponents of trade liberalization also view TRIPS policy as a bad policy. The effects of the concentration of WEALTH of TRIPS (money from people in developing countries for copyright and patent holders in industrialized countries) and the imposition of artificial shortages on citizens of countries that would otherwise have had weaker intellectual property laws are common bases for such criticisms.

Other critics have focused on the inability of trips trips to accelerate the flow of investment and technology to low-income countries, a benefit that WTO members achieved prior to the creation of the agreement. The World Bank`s statements indicate that TRIPS have clearly not accelerated investment in low-income countries, whereas they may have done so for middle-income countries. [33] As part of TRIPS, long periods of patent validity were examined to determine the excessive slowdown in generic drug entry and competition. In particular, the illegality of preclinical testing or the presentation of samples to be authorized until a patent expires have been accused of encouraging the growth of certain multinationals and not producers in developing countries. The exclusive rights that must be granted through a product patent are rights that are manufactured, used, sold, sold and imported for these purposes. The protection of process patents must be entitled not only to the use of the procedure, but also to the products obtained directly by the process. Patent holders also have the right to transfer or transfer the patent to the right and to enter into licensing agreements (Article 28). Among these agreements, the ip rights trade (TRIPS) aspects are expected to have the greatest impact on the pharmaceutical sector and access to medicines.