Trips Agreement Eur Lex

Ministerial Statement on the TRIPS and Public Health Agreement, adopted on 14 November 2001 (Doha Declaration) 24.The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is a comprehensive multilateral agreement between all members of the World Trade Organization (WTO). It sets minimum standards for the regulation of many forms of intellectual property by national governments. 10 Protocol (2015) amending the schedule of the Civil Aircraft Trade Agreement, CP 9, 2019: [consulted January 31, 2019] The TRIPS agreement stipulates that all inventions can be protected by a patent for 20 years, whether it is a product (for example. B a drug) or a process (a process of making an ingredient for a drug). To qualify for a patent, an invention must be new, inventive and industrially applicable. In addition, patented inventions must be disclosed so that others can investigate the invention even if it is protected by a patent. The agreement created a Council on The Aspects of Intellectual Property Rights That Affect Trade (the TRIPS Council). It supports monitoring the functioning of the agreement, ensuring that members meet their obligations and the possibility of consultations between members. 18.The three international conventions taken into account in this report are previous multilateral or multilateral agreement protocols.8 In any event, the United Kingdom is already a party to the original agreement, but is only a party to the protocol because of its membership of the EU. This apparent anomaly is explained in field 1. In addition to the two aforementioned exceptions to patent law (Bolar provision and research exception), the ON TRIPS agreement provides for two other forms of flexibility: compulsory licensing and parallel imports (see below). These two systems should strike a balance between promoting access to existing medicines and promoting research and development on new drugs.

The principles are those of national treatment and treatment to the most favoured nation. This means that WTO members cannot normally discriminate against their trading partners. If they give a particular favor to a colleague (for example. B a lower tariff rate for one of its products), they must do the same for all other WTO members. The agreement aims to ensure that appropriate rules for intellectual property protection are applied in all Member States, based on the fundamental obligations set out by the World Intellectual Property Organization (WIPO) in the various intellectual property rights agreements, in particular the Paris Convention on Industrial Property. Many new or stricter provisions are introduced in areas that are not covered by existing conventions or where existing conventions are insufficient. Council decision 94/800/EC of 22 December 1994 on the conclusion, on behalf of the European Community, of the agreements under its jurisdiction (JO L 347 of 11.12.1994, p. 1). Council decision 94/800/EC on the conclusion, on behalf of the EU, of the agreements reached in the uruguay round multilateral negotiations (1986-1994).