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Trade Related Aspects of the Intellectual Property Rights (TRIPS)
Globalization and Access to Drugs - Health Economics and Drugs Series, No. 007
(1998; 97 pages) [
French
] [
Spanish
]
Table of Contents
Acknowledgements
Abbreviations and acronyms
PART I: GLOBALIZATION AND ACCESS TO DRUGS: IMPLICATIONS OF THE WTO/TRIPS AGREEMENT
Executive summary
Introduction
1. Brief historical background to the international trading system
1.1 The simultaneous creation of the GATT, the IMF and the World Bank
1.2 The objectives, nature and functioning of the GATT
Objectives
Nature
Obligations of the contracting parties
The “Rounds”
1.3 The Uruguay Round and the creation of the WTO
The new global economic environment
Long and difficult negotiations
The results of the Uruguay Round: strengthening and enlargement of the multilateral trade system
How does the WTO differ from the GATT?
1.4 The protection of intellectual property rights before the WTO
2. Reading the TRIPS Agreement from the perspective of access to drugs
2.1 General presentation of the Agreement
2.2 Fundamental principles and objectives of the Agreement: the necessary balance between intellectual property and accessibility
2.3 Patents for pharmaceutical products and processes available all over the world
2.4 Non-patentable inventions: biotechnology inventions
2.5 Effects of protection: a monopoly of working for 20 years
Attenuation of the monopoly through exhaustion of rights
Strengthening the monopoly through the patenting of processes
Extension of the duration of the monopoly
2.6 Application of the TRIPS Agreement
For industrialized countries: 1996
For developing countries: 2000 or 2005
For least-developed countries: 2006
2.7 During the transitional period
Establishment of a “mail-box” in 1995
Possibility of exclusive marketing rights
What happens to existing patents?
2.8 How can the monopoly be limited?
Exceptions
Compulsory licences
3. Conclusions: issues at stake and constraints on access to drugs
3.1 The drug patents debate
3.2 Some recommendations
Definitions and terminology
4
Selected bibliography
5
GATT/WTO and the TRIPS Agreement
The TRIPS Agreement and pharmaceutical products
Country studies
PART II: PRESENTATIONS AT THE AD HOC WORKING GROUP ON THE REVISED DRUG STRATEGY HELD IN GENEVA ON 13 OCTOBER 1998
1. Speech of the WHO Director-General, Dr Gro Harlem Brundtland
2. World Intellectual Property Organization (WIPO)
3. World Trade Organization (WTO)
3.1 Pharmaceutical Patents and the TRIPS Agreement
3.2 Overview of the WTO Agreement on Technical Barriers to Trade
4. South Centre
5. Health Action International (HAI)
6. International Federation of Pharmaceutical Manufacturers Associations (IFPMA)
7. International Generic Pharmaceutical Alliance (IGPA)
Other documents in the DAP - Health Economics and Drugs Series
Back cover
PART I: GLOBALIZATION AND ACCESS TO DRUGS: IMPLICATIONS OF THE WTO/TRIPS AGREEMENT
Germán Velásquez
Pascale Boulet
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