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The TRIPS compulsory licensing framework was originally enshrined in its entirety within Article 31. The key tenets of Article 31 have been summarized as follows: "First, compulsory licenses can only be granted by governmental bodies, although no restrictions are imposed on their nature, composition, or function (Article 31(a)).
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 list below was taken from details supplied by WIPO and the WTO (see references): they are correct as of 2012-10-15, and include some accessions after that date.Dates quoted are the date on which the treaty came into effect for a given country.
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.
The Philippines, being then a territory of the United States, incorporated into Act 666 principles upon which the U.S. trademark law was founded on. [7] Republic Act No. 166 repealed Act 666 in 1946, [7] and was itself expressly repealed on January 1, 1998 when Republic Act No. 8293 [1] was enacted in compliance with the WTO TRIPS Agreement. [8]
It is a trade agreement between the countries of Japan and the Philippines with the aim of "liberalizing and facilitating trade in goods and services between both nations as well as to increase investment opportunities and strengthen protection for investments and investment activities." [21]
In 2008, a decision was made to extend the deadline for accepting the TRIPS agreement amendment. The deadline was extended until 31 December 2009 or "such later date as may be decided by the Ministerial Conference". [3] The General Council further extended the deadline in 2011 to 31 December 2013. [4]
Japan was accused of violating Article 22.1 [7] of the Uruguay Round of the GATT, as well as the following articles of the TRIPS Agreement: [8] Article 14.6 – Protection of performers or producers from the unauthorized reproduction or broadcast of their work as per the Rome Convention and Berne Convention.