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Trips Agreement Short Note

Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. Article 27 of the agreement concerns patents, patentability of processes and inventions. The patentable object covered by the agreement represents inventions, whether products or processes, in all areas of technology, as long as they are new, involve an inventive/innovative approach and are industrially usable. However, the following countries are excluded from the scope of patentability: since the introduction of TRIPS, 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. 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 the TRIPS agreement has for the first time integrated intellectual property law into the multilateral trading system 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.

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