Wto Agreement On Trips

The obligations under Articles 3 and 4 shall not apply to procedures under multilateral agreements concluded under the auspices of WIPO on the acquisition or maintenance of intellectual property rights. The TRIPS Agreement is an agreement on minimum standards that allows Members to provide more comprehensive protection of intellectual property if they so wish. Members are free to determine the appropriate method for implementing the provisions of the Agreement in their own legal system and practice. Article 40 of the TRIPS Agreement states that certain licensing practices or conditions relating to intellectual property rights that restrict competition may adversely affect trade and impede the transfer and dissemination of technology (paragraph 1). Member States may, in accordance with the other provisions of the Agreement, take appropriate measures to prevent or control abusive and anti-competitive practices in the licensing of intellectual property rights (paragraph 2). The Agreement provides for a mechanism where by which a country wishing to take action against practices involving companies of another Member State shall enter into consultations with that other Member State and conclude publicly available non-confidential information relevant to the matter in question and other information available to that Member, subject to national law and mutual conclusion. satisfactory agreements on the maintenance of confidentiality by the requesting member (paragraph 3). Similarly, a country whose companies of another Member State are subject to such measures may enter into consultations with that Member (paragraph 4). Since the entry into force of travel, it has been criticized by developing countries, scientists and non-governmental organizations. While some of these criticisms are directed at the WTO in general, many proponents of trade liberalization also view the TRIPS Agreement as bad policy. The effects of concentrating the wealth of TRIPS (the movement of money from people in developing countries to copyright and patent holders in developed countries) and the imposition of artificial scarcity on citizens of countries that would otherwise have had weaker intellectual property laws are common grounds for such criticism.

Other criticisms have focused on TRIPS` failure to accelerate the flow of investment and technology to low-income countries, an advantage promoted by WTO members in the run-up to the agreement`s creation. World Bank statements suggest that the TRIPS Agreement has not led to a demonstrable acceleration of investment in low-income countries, although it may have done so for middle-income countries. [33] Long TRIPS patent terms have been studied in order to unduly slow down generic substitutes market entry and competition. .

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