What Is The Role Of The Wto And What Is The Scope And Intent Of Its Trips Agreement

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    The ON TRIPS Agreement plays a key role in facilitating the trade in knowledge and creativity, in resolving trade disputes over intellectual property and in the ability of WTO members to achieve their national objectives. The agreement is a legal recognition of the importance of the links between intellectual property and trade. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time 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. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of “promoting access to medicines for all”. 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. While the WTO agreements came into force on 1 January 1995, the TRIPS agreement granted WTO members certain transitional periods before they were required to implement all their provisions. Members of developed countries were given one year to ensure that their laws and practices complied with the TRIPS Agreement. Members of developing countries and, under certain conditions, the transitional economy enjoyed a five-year period until the year 2000. The least developed countries were first 11 years old, until 2006 – now they are generally extended until July 1, 2021. 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.