When Was The Trips Agreement Established

The disadvantage of process patents (and the likely reason they are excluded from use under the TRIPS Agreement) is that they only allow research-based pharmaceutical companies to maintain a patent monopoly until a second developer finds a more efficient way to produce the drug. This would generally reduce the duration of the patent monopoly to which the discovered company is entitled; However, it offers other companies the opportunity to make higher profits by improving the drug in question. In order to make the concept of process patents more understandable for research-based pharmaceutical companies (and thus for the most powerful member countries), certain changes need to be made to this Recommendation. First, process patents should apply only to essential medicines, as described in the first recommendation, in order to encourage research and development expenditure in other classes of medicines and in other technologies as a whole. Second, in order to obtain some incentive for research in this area, certain restrictions should be imposed on the second developer on the marketing of his product in areas where the discovering company holds a significant share of the market. The following recommendations focus on the above arguments and aim to improve the public health situation within the framework of the existing TRIPS Agreement. The provisions of the TRIPS Agreement range from trivial to controversial. Its conditions include a minimum period of patent protection of twenty years from the date of filing of a patent. It is important to say that the TRIPS Agreement also invalidates the use of process patents by stating that patent protection of a process extends to the product of that process. In addition to these provisions, the TRIPS Agreement contains two mechanisms dealing with international public health crises: compulsory licensing and parallel imports (5). Finally, it should be recalled that the lack of access of developing countries to life-saving medicines is due to a number of factors; An unprecedented level of international cooperation and empathy will be needed to make meaningful progress on this issue. However, this paper focuses on the factor that has received the most attention: the WTO and its TRIPS Agreement. The reason why this facet of the problem is highlighted in this document is threefold: in addition to the basic intellectual property standards created by the TRIPS Agreement, many countries have engaged in bilateral agreements to achieve a higher level of protection.

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