- Keywords > compulsory licences
- Keywords > globalization
- Keywords > innovation and intellectual property
- Keywords > Intellectual Property Rights (IPR)
- Keywords > patent system
- Keywords > patentability criteria - policy options
- Keywords > trade and innovation
- Keywords > Trade Related Aspects of the Intellectual Property Rights (TRIPS)
- Keywords > TRIPS flexibilities
- Keywords > Uruguay Round
(1998; 97 pages) [French] [Spanish]
2.8 How can the monopoly be limited?
The anxieties and the extent of the reactions generated by the TRIPS Agreement are related to the requirement, new for some Member States, to recognize that the owners of new know-how in the pharmaceutical field are entitled to a monopoly of 20 years. Several experts from developing and developed countries fear a substantial increase in drug prices in countries that did not grant patents in the past.
However, the TRIPS Agreement expressly provides two means of obtaining exceptions and limiting the exclusive rights conferred by the patent on its owner. These two provisions may be used to ensure greater accessibility to essential drugs.