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
View the documentExecutive summary
View the documentIntroduction
Open this folder and view contents1. Brief historical background to the international trading system
Open this folder and view contents2. Reading the TRIPS Agreement from the perspective of access to drugs
Open this folder and view contents3. Conclusions: issues at stake and constraints on access to drugs
View the documentDefinitions and terminology4
Close this folderSelected bibliography5
View the documentGATT/WTO and the TRIPS Agreement
View the documentThe TRIPS Agreement and pharmaceutical products
View the documentCountry studies
View the documentOther documents in the DAP - Health Economics and Drugs Series
View the documentBack cover

GATT/WTO and the TRIPS Agreement

• Correa CM. The GATT Agreement on Trade-Related Aspects of Intellectual Property Rights: new standards for patent protection. European Intellectual Property Review, 1994, 16(8):327-335.

Key words: patent, licence, developing country, international trade.

Language: English.

Address: European Intellectual Property Review, Sweet & Maxwell, Cheriton House, North Way, Andover, Hants, SP10 5BE, United Kingdom.

Summary: Analysis of the main provisions of the TRIPS Agreement on patents, and in particular the extension of patentability, criteria for patentability, the non-discrimination clause, the rights conferred by a patent and the exceptions, conditions for patent applications, compulsory licences, the reversal of the burden of proof and transitional provisions.

• Correa CM. Intellectual property rights and foreign direct investment. Int. J. Technology Management, (special issue on the management of international intellectual property), 1995, 10(2/3):173-199.

Key words: investments, patent, mark, copyright, trade secret, pharmaceutical product, biotechnology, GATT, WIPO.

Language: English.

Address: International Journal of Technology Management, 17 Beeward Close, The Leyes, Wolverton Mill, MK12 GLJ, United Kingdom.

Summary: Analysis of the complex relationship between direct foreign investment and the protection of intellectual property: the different factors affecting this relationship (type of intellectual property right, purpose of the investment, industrial sectors involved and degree of industrial and technological development of the country in question), and recent legislative developments in the field of intellectual property at the national and international levels.

• Evans P & International Organisation of Consumers Unions, editors. Unpacking the GATT: a step by step guide to the Uruguay Round. 1994.

Key words: GATT, WTO, settlement of disputes, trade policy review mechanism, services, intellectual property, investments, textiles, agriculture, sanitary and phytosanitary measures, technical barriers to trade, rules of origin, anti-dumping, subsidies, plurilateral agreements, environment.

Language: English.

Address: Consumers International, Global Policy and Campaigns Unit, 24 Highbury Crescent, London, N5 1RX, United Kingdom.

Summary: Presentation of the WTO underlining the main institutional reforms as compared with the GATT: the disputes settlement mechanism and the trade policy review mechanism. Brief analysis of the agreements emerging from the Uruguay Round in new areas (GATS, TRIPS, TRIMs, agreements on textiles and agriculture), and also in the domain of trade in goods (agreements on the application of sanitary and phytosanitary measures, technical barriers to trade, rules of origin, anti-dumping agreement, and subsidies). Question of the consumer’s place in the future work of the WTO and the winners and the losers in the Uruguay Round agreements.

• Hennessey W. Implications of the GATT/TRIPS Agreement for developing countries.

Key words: developing countries, international trade, intellectual property.

Language: English.

Address: Franklin Pierce Law Center (unpublished document).

Summary: The advantages arising from the TRIPS Agreement for developing countries: the textiles and agriculture agreements in counterpart, the period of transition they are accorded, and the consequences for investment and the transfer of technology.

• Kinnon C. WTO - What’s in it for WHO? WHO Task Force on Health Economics. Geneva: World Health Organization, 1995 (unpublished document WHO/TFHE/95.5).

Key words: GATT, WTO, WHO, services, intellectual property, sanitary and phytosanitary measures, technical barriers to trade, environment, health.

Languages: English, French, Spanish.

Address: WHO Task Force on Health Economics, WHO, 1211 Geneva 27, Switzerland. Accessible by e-mail:

Summary: Study of the possible effects of the WTO agreements in the field of public health: the Agreement on Technical Barriers to Trade and the WHO standards of quality applicable to pharmaceutical, biological and food products; the Agreement on the Application of Sanitary and Phytosanitary Measures; the General Agreement on Trade in Services and liberalization of hospital and medical services; the Agreement on Trade-Related Aspects of Intellectual Property Rights and pharmaceutical patent protection.

• Schroeder L. Substance of the TRIPS provisions of the GATT as they relate to developing countries. Drug Information Association Annual Meeting. Orlando: 27 June 1995.

Key words: developing countries, international trade, copyright, mark, patent, trade secret, geographical indications, industrial designs.

Language: English.

Address: Drug Information Association, 321 Norristown Road, Suite 225, Ambler, PA 19002-2755, USA.

Summary: An overview of the main provisions of the TRIPS Agreement: the obligations relating to copyright, marks, geographical indications, industrial designs, patents, trade secrets, and also the provisions relating to the implementation of the Agreement, the settlement of disputes and the Articles expressly relevant to developing countries.

• SELA/IDB Workshop on the application of the TRIPS Agreement. The TRIPS Agreement and International Trade: effects on Latin America and the Caribbean. Mexico: 20-24 May 1994.

Key words: developing countries, international trade, intellectual property, infringement, exhaustion of rights, anti-competitive practices, licences, regional agreements.

Language: English.

Address: Sistema Económico Latinoamericano, Mexico City, Mexico.

Summary: The importance of intellectual property in international trade and particularly certain aspects of intellectual property such as infringement, the exhaustion of intellectual property rights, anti-competitive practices and technology licence contracts. Overview of the consequences of the TRIPS Agreement in Latin America and the Caribbean with the resulting amendments to legislation. Regional integration agreements in the Latin American/Caribbean region in terms of intellectual property.

• South Centre. The Uruguay Round intellectual property regime: implications for developing countries. Geneva: October 1995.

Key words: developing countries, international trade, intellectual property, copyright, patents, pharmaceuticals, licences, transfer of technology, investments.

Language: English.

Address: South Centre, 17 chemin du Champ d’Anier, Case postale 228, 1211 Geneva 19, Switzerland.

Summary: An introductory guide for developing countries concerned with the implementation of the TRIPS Agreement. Analysis of the main provisions of the Agreement, in particular the aspects that will have the greatest repercussions in developing countries. Emphasis on the freedom left to Member States in bringing their legislation into conformity with the provisions of the Agreement.

• UNCTAD. The TRIPS Agreement and developing countries. New York and Geneva: United Nations Conference on Trade and Development, 1996. UNCTAD/ITE/1.

Key words: intellectual property (in general), costs, benefits, innovation, market, copyright, mark, trade secrets, integrated circuits, industrial designs, anti-competitive practices, pharmaceuticals, plant varieties, Argentina, Bangladesh, Chile, Colombia, Egypt, India, Malaysia, Mexico, Tanzania, Uruguay.

Language: English.

Address: United Nations, Distribution and Sales Section, Geneva or New York.

Summary: Evaluation of the economic implications of the TRIPS Agreement for developing countries in terms of market costs and benefits. Analysis of the main provisions of the Agreement for each intellectual property right, the economic and legal consequences, and the problems raised by the implementation of the Agreement.

• Verma SK. TRIPS - development and transfer of technology. International Review of industrial Property and Copyright Law, 1996, 27:3.

Key words: developing countries, transfer of technology, pharmaceutical product, biotechnology.

Language: English.

Address: IIC, VCH Verlagsgesellschaft mbH, P.O. Box 101161, D-69451 Weinheim, Germany.

Summary: Analysis of the TRIPS Agreement in regard to the transfer of technology in developing countries. Brief presentation of the Agreement (general principles, means of ensuring respect for intellectual property rights, settlement of disputes, patent regime), then analysis of the impact in developing countries (pharmaceutical products, patentability of biotechnology inventions) and the consequences of the Agreement for the transfer of technology.

• WTO. Trading into the future. Geneva: World Trade Organization, 1995.

Key words: GATT, WTO, free trade, developing countries, settlement of disputes, services, intellectual property, investments, textiles, agriculture, sanitary and phytosanitary measures, technical barriers to trade, rules of origin, anti-dumping, subsidies, prior inspection, safeguards, plurilateral agreements, environment.

Languages: English, French, Spanish.

Address: WTO, Centre William Rappard, 154 rue de Lausanne, 1211 Geneva 21, Switzerland.

Summary: Guide to the WTO briefly presenting the formation, foundations and origins of the WTO, the institutional structures, the new mechanism for the settlement of disputes and an overview of each of the multilateral and plurilateral agreements to emerge from the Uruguay Round.

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