Trips Agreement Explained

3The June deadline passed without consensus and the deadline was extended until March 2005. The March deadline also passed without agreement, but on 6 December 2005, the WTO finally reached a consensus on amending the TRIPS agreement. This amendment is in line with the principles agreed on August 30, 2003. Member States have until 1 December 2007 to ratify the amendment so that it can be formally incorporated into the ON TRIPS agreement. Access to life-saving medicines is a fundamental human right and, as such, exceeds all other requirements. The reason why this issue is so complex and so long debated is that, in order to fulfill this right, the right must be granted. In other words, to finance the development of essential medicines, manufacturers of these drugs must be compensated financially by users of drugs they cannot afford in this case. Since access to life-saving medicines is a fundamental human right, those who cannot afford these drugs should make them available free of charge or at a reasonable cost. The above argument defines the problem of the TRIPS agreement in the context of global public health: the fundamental human rights of people in developing countries must be respected without hindering the development of new medicines to promote the satisfaction of this right. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2).

The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3).

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