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TRIPS was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1986–1994. Its inclusion was the culmination of a program of intense lobbying by the United States by the International Intellectual Property Alliance, supported by the European Union, Japan and other developed nations. [6]
The WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), particularly Article 27, is occasionally referenced in the political debate on the international legal framework for the patentability of software, and on whether software and computer-implemented inventions should be considered as a field of technology.
TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights, Marrakech, 1994-04-15, came into force 1995-01-01 [4] PLT Patent Law Treaty, Geneva, 2000-06-01, came into force 2005-04-28 [5] The list below was taken from details supplied by WIPO and the WTO. Dates quoted are the date on which the treaty came into effect for a given ...
The Doha Declaration on the TRIPS Agreement and Public Health was adopted by the WTO Ministerial Conference of 2001 in Doha on November 14, 2001. It reaffirmed flexibility of TRIPS (trade-related aspects of intellectual property rights) member states in circumventing patent rights for better access to essential medicines.
The TRIPS Agreement waiver (officially titled the Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19) [1] is a joint intervention communication by South Africa and India to the TRIPS council of the World Trade Organization (WTO) on 2 October 2020. [2] [3]
The TRIPS agreement faces criticism because it increases the value of intellectual property, granting more privileges to dominant industry leaders and hindering developing countries. Some of the major criticisms from developing countries include implementation challenges, geographical indications, protection of local knowledge, and technology ...
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) also sets out specific provisions that shall be followed if a compulsory license is issued, and the requirements of such licenses. The TRIPS compulsory licensing framework was originally enshrined in its entirety within Article 31.
TRIPs Article 30, covering limitations and exemptions to patent law, is also derived from a somewhat different three-step test, that includes "taking account of the legitimate interests of third parties." Exceptions to exclusive patent rights are not subject to this test if they are implemented through Article 31 of the TRIPS, or Articles 6, 40 ...