بازار خرید و فروش انواع پارچه | پارچه سرا قیمت، خرید، فروش انواع پارچه
The TRIPS Agreement is part of the only commitment stemming from the Uruguay Round negotiations. This means that the TRIPS Agreement applies to all WTO Members. It also means that the provisions of the Agreement are subject to the WTO Integrated Dispute Settlement Mechanism contained in the Dispute Settlement Agreement (Agreement on Dispute Settlement Rules and Procedures). Reviews are at the heart of the TRIPS Council`s role in monitoring what is happening under the agreement. The general transitional periods apply to the founding members of the WTO, i.e. governments that were members on 1 January 1995. Since the creation of the WTO, a number of countries have acceded to it. These countries have generally agreed in their accession agreements (accession protocols) to apply the TRIPS Agreement from the moment they officially become Members of the WTO, without any transitional period being used. These are derived from the wording of Article 1.1 of the TRIPS Agreement. Under these flexibilities, WTO Members can use creative solutions to transpose into national law and practice terms that are simply formulated in the TRIPS Agreement but are not defined. Examples of such flexibilities are concepts such as novelty and inventive step; or in situations of extreme urgency for the purposes of compulsory licensing. Unlike other intellectual property agreements, the TRIPS Agreement has a powerful enforcement mechanism. States can be sanctioned by the WTO dispute settlement mechanism.
In accordance with Article 4(d), a Member may exempt from the most-favoured-nation obligation any advantage, advantage, privilege or immunity of that Member resulting from international agreements on the protection of intellectual property which entered into force before the entry into force of the WTO Agreement, provided that such agreements are notified to the TRIPS Council and that there is no arbitrary or unjustified discrimination against nationals of other countries. represent. member. In addition, Article 65(5) of the TRIPS Agreement provides that countries making use of the transition period should not roll back members that use a transitional period (in accordance with Article 65(1), (2), (3) or (4)) in order to ensure that changes to their laws, regulations and practices during the transition period do not result in a lower degree of compliance with the provisions of the Convention. However, Members may choose to implement laws that provide more comprehensive protection than that required by the Agreement, provided that the additional protection does not violate the provisions of the Agreement. But the question of what deserves to be patented is left to the countries. The agreement simply states that patents must be granted for new, inventive and useful inventions – but it does not define these terms. Deciding whether a new formulation (making a pill version of a drug that was previously available in powder form) or a new combination (combining two or more existing molecules into a new pill), for example, deserves a new twenty-year patent is a prerogative of countries and is not determined by WTO texts. Countries should therefore determine what types of inventions in the field of medicines deserve to be patented, taking into account their own social and economic conditions. This is exactly what some governments, such as Brazil, Thailand or India, have done. In today`s world, this decision can be a matter of life and death for many patients. Despite the Doha Declaration, many developing countries have come under pressure in recent years to enact or implement even stricter or more restrictive conditions in their patent laws than required by the TRIPS Agreement – these provisions are referred to as “TRIPS plus”.
Countries are in no way obliged to do so under international law, but many, such as Brazil, China or Central American countries, have had no choice but to adopt them as part of trade agreements with the United States or the European Union. These have catastrophic effects on access to medicines. A more detailed overview of the TRIPS Agreement The TRIPS Agreement. is the most comprehensive multilateral agreement on intellectual property to date. Prior to 198694 Uruguay Round negotiations, there was no specific agreement on intellectual property rights under the GATT multilateral trading system. A 2003 agreement relaxed the requirements of the domestic market and allowed developing countries to export to other countries where there is a national health problem, as long as the exported drugs are not part of a trade or industrial policy. [10] Medicines exported under such a regime may be packaged or coloured differently to prevent them from affecting developed country markets. Article 35 of the TRIPS Agreement requires Member States to protect the design patterns of integrated circuits in accordance with the provisions of the IPIC (Intellectual Property Contract for Integrated Circuits) Treaty, which was negotiated in 1989 under the auspices of WIPO. These provisions concern, inter alia, definitions of integrated circuits and design of development (topography), protection requirements, exclusive rights and restrictions, as well as exploitation, registration and disclosure.
An integrated circuit is a product in its final or intermediate form in which the elements, of which at least one is an active element, and all or part of the compounds are formed entirely in and/or on a piece of material and which is intended to perform an electronic function. A schematic design (topography) is defined as the three-dimensional arrangement, regardless of its shape, of the elements, at least one of which is an active element, and of all or part of the connections of an integrated circuit or such a three-dimensional arrangement prepared for an integrated circuit intended for manufacture. The obligation to protect designs applies to designs that are original in the sense that they are the result of the intellectual effort of their creators and are not common among designers of layouts and manufacturers of integrated circuits at the time of their creation. Exclusive rights include the right of reproduction and the right to import, sell and other distributions for commercial purposes. There are some restrictions on these rights. 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 concentration effects of the TRIPS Agreement`s wealth (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 ground for such criticism.
Other criticisms have focused on TRIPS` inability to accelerate the flow of investment and technology to low-income countries, an advantage advanced by WTO members in the run-up to the agreement. World Bank statements suggest that the TRIPS Agreement has not led to a demonstrable acceleration of investment in low-income countries, although this may have been the case for middle-income countries. [33] The long duration of TRIPS patents was assessed for an unreasonable slowdown in generic substitute market entry and competition. In particular, the illegality of preclinical studies or the submission of samples for approval until a patent expires have been accused of stimulating the growth of a few multinationals rather than producers in developing countries. The TRIPS Agreement is unique among these IPR agreements in that WTO membership is a “comprehensive agreement”, meaning that WTO members cannot choose freely. They are subject to all WTO multilateral agreements, including TRIPS. Review of Members` implementing rules Members should inform the TRIPS Council of their relevant laws and regulations. This helps the Council to review the functioning of the agreement. All WTO Agreements (with the exception of some plurilateral agreements) apply to all WTO Members. The members each accepted all the agreements as one package with a single signature, making it a unique company in technical jargon. As in the main existing intellectual property conventions, the fundamental obligation of each member country is to accord the treatment of intellectual property provided for in the convention to persons of other members.
Article 1.3 defines who these persons are. Such persons are called nationals, but include natural or legal persons who have close links with other members without necessarily being nationals of them. The criteria for determining which persons should therefore benefit from the treatment provided for in the Agreement are those set out for that purpose in the main existing WIPO conventions on intellectual property, which are of course applied to all WTO Members, whether or not they are Parties to these Agreements. These conventions are the Paris Convention, the Berne Convention, the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention) and the Treaty on Intellectual Property in Integrated Circuits (IPIC Treaty). The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement between all member states of the World Trade Organization (WTO). It establishes minimum standards for the regulation of various forms of intellectual property (IP) by national governments, as applied to 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 administered by the WTO. .
