Globalization and Access to Drugs. Perspectives on the WTO/TRIPS Agreement - Health Economics and Drugs Series, No. 007 (Revised)
(1998; 97 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentAcknowledgements
View the documentAbbreviations and acronyms
Close this folderPART I: GLOBALIZATION AND ACCESS TO DRUGS: IMPLICATIONS OF THE WTO/TRIPS AGREEMENT
View the documentExecutive summary
View the documentIntroduction
Open this folder and view contents1. Brief historical background to the international trading system
Close this folder2. Reading the TRIPS Agreement from the perspective of access to drugs
View the document2.1 General presentation of the Agreement
View the document2.2 Fundamental principles and objectives of the Agreement: the necessary balance between intellectual property and accessibility
View the document2.3 Patents for pharmaceutical products and processes available all over the world
View the document2.4 Non-patentable inventions: biotechnology inventions
Open this folder and view contents2.5 Effects of protection: a monopoly of working for 20 years
Open this folder and view contents2.6 Application of the TRIPS Agreement
Open this folder and view contents2.7 During the transitional period
Open this folder and view contents2.8 How can the monopoly be limited?
Open this folder and view contents3. Conclusions: issues at stake and constraints on access to drugs
View the documentDefinitions and terminology4
Open this folder and view contentsSelected bibliography5
Open this folder and view contentsPART II: PRESENTATIONS AT THE AD HOC WORKING GROUP ON THE REVISED DRUG STRATEGY HELD IN GENEVA ON 13 OCTOBER 1998
View the documentOther documents in the DAP - Health Economics and Drugs Series
View the documentBack cover
 

2.1 General presentation of the Agreement

A comprehensive Agreement on Trade-Related Aspects of Intellectual Property Rights is annexed to the WTO convention. The objectives, set out in the introduction to the Agreement, are essentially aimed at strengthening and harmonizing certain aspects of the protection of intellectual property at the global level.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter the Agreement) covers both categories of intellectual property: literary and artistic property (copyright and neighbouring rights) and industrial property (trademarks*, patents*, geographical indications, industrial designs, and trade secrets).

These objectives are to be realized in two ways: firstly, the Agreement requires Member States to ensure minimum standards of protection for the various rights, leaving them the choice of how they achieve this. Secondly, WTO Members must make available procedures and remedies to permit the effective enforcement of IPRs by right holders (Part III of the Agreement, not discussed in this document). The minimum standards of protection are based on the basic provisions of the principal international conventions in force (Paris 1883 and Bern 1886, as revised) administered by WIPO, with which the TRIPS Agreement will coexist without taking their place. In all the areas it covers, the Agreement provides for the application of the principle of national treatment and of most-favoured-nation (MFN) treatment. The interests of developing countries are explicitly taken into account.

This Agreement, and particularly the section on patents, is probably the element of the Final Act of the Uruguay Round that will have the most important repercussions in the field of public health, especially for access to drugs in developing countries.

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