Multilateral Agreement Intellectual Property

Posted by Admin on Dec 12, 2020 in Uncategorized |

It has therefore been argued that the TRIPS standard, which requires all countries to have strict IP systems in place, will harm the development of the poorest countries. [13] [14] It has been argued that it is in the strategic interest of most, if not all, countries to use the flexibility available in TRIPS to pass the weakest IP laws. [15] Ex ante and ex post methods have advantages and limitations, and as far as the rest are concerned, both types largely indicate higher prices and a reduction in consumer well-being by imposing intellectual property protection in trade agreements. The main differences between these studies are in the magnitude of the changes. There is a gap in our empirical understanding of the mechanisms by which such changes influence access to drugs and what are the most affected access outcomes, what types of changes in policy and intellectual property law. 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] One of the general objectives of these agreements is that it is probably the lack of legal and technical expertise, which is necessary to develop legislation to implement flexibility measures, which has often led developing countries to directly copy intellectual property legislation in industrialized countries[17][18] or to need technical assistance from the World Intellectual Property Organization (WIPO), which critics say encourages them to introduce more powerful monopolies on intellectual property. The provisions of free trade agreements guarantee the protection of the creation or invention of works and artistic goods whose creation or invention sometimes requires, as in the case of medicines, high costs in the form of investments in research and development (R and development; D). The development of a new drug requires significant investments with great uncertainty. These research and development costs are incurred after the granting of a product patent, which is usually very early in clinical development. Intellectual property provisions limit the use and marketing of these products and grant investors/creators exclusive rights to offset their cost reduction during clinical development [1]. The aim is to further encourage private sector investment in research and development in order to develop and invent new products [2].

As a result, new or improved medicines are protected by patent and other provisions relating to the intellectual protection procedure. 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 35 of the TRIPS agreement obliges Member States to protect the design of integrated circuits in accordance with the provisions of the IPIC Treaty (Intellectual Property Treaty, taking into account integrated circuits) negotiated in 1989 under the aegis of WIPO.

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