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Topic: TRIPS Agreement

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	iia1c - WTA /WTO and GATT Uruguay 1994
		The term of the protection available under this Agreement to performers and producers of phonograms shall last at least until the end of a period of fifty years computed from the end of the calendar year in which the fixation was made or the performance took place.
		Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
		Agreements concerning the subject matter of this Agreement which are in force between the government or a governmental agency of any Member and the government or a governmental agency of any other Member shall also be published.
	www.jus.uio.no /lm/wta.1994/iia1c.html (7602 words)

	AEGiS-MISC: ARV access issues (6): COMPULSORY LICENSING: TRIPS Agreement Article 31, Doha Declaration on the TRIPS ...
		TRIPS Agreement article 31 provides an important legal framework for WTO member countries to take action in a flexible manner to secure access to important pharmaceuticals.
		Accordingly, while reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all.
		(d) The effect of the provisions in the TRIPS Agreement that are relevant to the exhaustion of intellectual property rights is to leave each Member free to establish its own regime for such exhaustion without challenge, subject to the MFN and national treatment provisions of Articles 3 and 4.
	www.aegis.com /news/MISC/2004/JV040408.html (1614 words)

	The TRIPS Agreement (Site not responding. Last check: 2007-10-21)
		The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property.
		The TRIPS Agreement makes disputes about the respect of the obligations under the Agreement subject to the WTO's dispute settlement procedures (Article 64).
		The Council for TRIPS is the body, open to all Members of the WTO, that has responsibility for the administration of the TRIPS Agreement, in particular monitoring the operation of the Agreement (Article 68).
	www.ksg.harvard.edu /project5/trips.html (367 words)

	Overview of Intellectual Property Rights and the TRIPs Agreement
		The TRIPs Agreement incorporates by reference most of the substantive provisions of two earlier multilateral IPR conventions: the Paris Convention for the Protection of Industrial Property (1967)(covering patents, trademarks, trade names, utility models, industrial designs and unfair competition) and the Berne Convention for the Protection of Literary and Artistic Works (1971) (covering copyrights).
		The TRIPs Agreement applies to all WTO Members; it is not a plurilateral agreement (such as the Agreement on Government Procurement).
		TRIPs Agreement requires that a patent must exist for a minimum period of 20 years from the date of filing of the patent application.
	www.osec.doc.gov /ogc/occic/ipr.htm (5871 words)

	GlaxoSmithKline: WTO and the Trips Agreement (Site not responding. Last check: 2007-10-21)
		The TRIPS Agreement was signed by all WTO member countries in 1994 and covers all types of intellectual property including patents, copyright and trademarks.
		They also agreed that the TRIPS Agreement could and should be implemented and interpreted in a way that supports public health, and promotes access to medicines.
		This understanding was captured in the Declaration on TRIPS and Public Health (the Doha Declaration), which confirmed the rights of member countries to use the flexibility in TRIPS to support public health priorities, such as compulsory licensing.
	www.gsk.com /corporate_responsibility/cr_issues/ip_wto_trips.htm (690 words)

	Trips Agreement (Site not responding. Last check: 2007-10-21)
		The group said it was disappointed with the ability of TRIPS to protect the genetic heritage of their countries from the exploitation of industrialised countries, but they emphasised that the solution to the problems must be reached by developing the agreement.
		Bilateral agreements are more binding than the WTO agreements, and developing countries will not be able to benefit from the exceptions to patentability of life forms defined in the Article 27.3 (b) of the TRIPS agreement.
		The European Union and the United States must stop negotiating agreements that are under the level of the TRIPS Agreement in the limitation of patent rights, and rescind the agreements it has already made.
	www.kepa.fi /english/cancun/trips_agreement/index_html?printable (1425 words)

	The TRIPs Treaty and Software Patents
		Many limits of the TRIPs system, at least in its more rigid interpretations, have become so apparent, that even the Americans, who were the chief promoters of the TRIPs treaty, are tailoring it to their advantage and thereby arguably violating some of its provisions.
		By contrast, the European Parliament has proposed to clarify TRIPs by stating, inter alia, that data processing (informatics) is not just another discipline applied natural science ("field of technology") but rather a layer of abstraction, applicable to all fields of natural as well as social science.
		Art 30 TRIPs is being used by corporate patent lawyers and their governmental supporters for lobbying against interoperability exemptions which have been favored by all concerned committees in the European Parliament.
	swpat.ffii.org /analysis/trips/index.en.html (3675 words)

	Review of the TRIPS agreement: Fostering the transfer of technology to developing countries
		Despite the broad coverage of the TRIPS Agreement, patents, plant varieties and geographical indications are the only areas on which proposals have been made by developing countries, in the latter case with an aim of expanding protection.
		Though the Agreement is not still in force, serious doubts about the extent to which such positive effects may take place have been raised[3].
		It also discusses issues related to the implementation of the Agreement and to the “in-built agenda”, and examines the proposals made relating to the interface between TRIPS and the Convention on Biological Diversity and for enhancing the transfer of technology to developing countries.
	www.twnside.org.sg /title/foster.htm (8886 words)

	TRIPS AGREEMENT
		BLAKENEY, M. The impact of the TRIPs Agreement in the Asia Pacific region.
		: Harmonizing TRIPs and the CBD : a proposal from
		: The enforcement of the TRIPS Agreement in
	www.ppl.nl /hugo/WTObibliographytripsasia.htm (940 words)

	GRAIN \| Fight for rights \| The relationship between the TRIPS Agreement and the Convention on Biological Diversity ...
		The relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) and the protection of traditional knowledge - Elements of the obligation to disclose evidence of prior informed consent under the relevant national regime
		The relationship between the TRIPS agreement and the Convention on Biological Diversity (CBD) and the protection of traditional knowledge — elements of the obligation to disclose evidence of benefit-sharing under the relevant national regime (Bolivia, Brazil, Colombia, Cuba, Dominican RepublicEcuador, India, Peru and Thailand, Mar-2005)
		The relationship between the TRIPS agreement and the Convention on Biological Diversity (CBD) and the protection of traditional knowledge.
	www.grain.org /rights/tripsreview.cfm?id=82 (693 words)

	WIPO/PR/1998/139: WIPO-WTO Joint Symposium on TRIPS Agreement Implementation Process (Site not responding. Last check: 2007-10-21)
		The TRIPS Agreement is the first international legal instrument that combines intellectual property and trade matters.
		The TRIPS Agreement mandates compliance with provisions contained in several of the international conventions administered by WIPO, including the Berne Convention for the Protection of Literary and Artistic Works, and the Paris Convention for the Protection of Industrial Property.
		This process involves bringing national legislation into line with the provisions of the TRIPS Agreement and also requires that infrastructure and enforcement mechanisms for the protection of intellectual property rights are in place.
	www.wipo.int /edocs/prdocs/en/1998/wipo_pr_1998_139.html (319 words)

	WTO \| Intellectual property (TRIPS) - gateway
		The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization.
		Disputes arising from the obligations under the TRIPS Agreement are subject to the WTO’s dispute settlement procedures.
		The TRIPS Council and WIPO have agreed to cooperate under an agreement which helps the council implement the TRIPS Agreement.
	www.wto.org /english/tratop_e/trips_e/trips_e.htm (811 words)

	. Overview of the Benefits of the Doha Agreement on TRIPS and Public Health.
		Here is a quick tour of primary benefits of the Doha agreement on TRIPS and public health.
		Paragraph 5 provides various "clarifications" of the agreement, which are completely consistent with the interpretations that public health groups have asked for.
		All of the NGOs pushed hard on this one, pushing for a broad acceptance of the use of Article 30 for the export of medicines, a proposal tabled by developing countries in a September 19 in TRIPS council non-paper, and again by Peru during the Doha meeting.
	www.cptech.org /ip/wto/doha/overview.html (925 words)

	SETBACK FOR EFFORTS TO PUSH AHEAD ON TRIPS DRAFT AGREEMENT.
		Consultations in the TRIPs Group is reported to have failed to produce a consensus on a work programme for negotiations or on authorising the GATT secretariat to prepare a paper on the elements of a draft agreement for discussion.
		Seen in this perspective, any TRIPs agreement, including on issue of settlement of disputes arising from it, could have no place in GATT and the obvious institution to deal with it would be the World Intellectual Property Organisation.
		The entire area of TRIPs was a new concept, and the problems had arisen when GATT concepts in traditional areas of trade in goods were sought to be imported and applied.
	www.sunsonline.org /trade/areas/intellec/03130090.htm (962 words)

	Trade Related Intellectual Property (TRIPS) Agreement
		TRIPS requires member nations to establish a minimum level of intellectual property rights in their national laws.
		Trips is divided into seven parts and contains 73 articles.
		January 1, 1996 112 countries had accepted the Marrakesh Agreement and were members of the World Trade Organization.
	www.ipmall.fplc.edu /hosted_resources/arnold/5_17.htm (523 words)

	AEGiS-MISC: ARV ACCESS ISSUES (4): WTO's TRIPS Agreement and VN-US bilateral trade agreement
		The text of this agreement can be downloaded in both.doc and.pdf forms from http://www.wto.org/english/docs_e/legal_e/legal_e.htm (the TRIPS Agreement is the Annex 1C).
		The TRIPS Agreement stipulates rules of intellectual property (IP) rights protection which all member countries have to respect.
		This agreement's full name is Agreement between the United States of America and the Socialist Republic of Vietnam on Trade Relations.
	www.aegis.com /news/MISC/2004/JV040405.html (877 words)

	TRIPS COUNCIL CONSIDERS PUBLIC HEALTH, BIODIVERSITY
		In the session on biodiversity, traditional knowledge (TK) and folklore an attempt was made to move the substantive debate forward on the relationship between the TRIPS Agreement, biodiversity issues and TK with a new proposal (IP/C/W/438) submitted by Bolivia, Brazil, Cuba, Ecuador, India, Pakistan, Peru, Thailand and Venezuela.
		With the 31 March 2005 fast approaching, great expectations now lie on the TRIPS Council meeting in March 2005, where Members would have to agree on an amendment if the General Council meeting at the end of that month is to be able to decide on how to proceed with amending the TRIPS Agreement.
		While also remaining undecided on how to best resolve potential conflicts between TRIPS and biodiversity related concerns, Canada intervened to challenge the proponents of the three dominant positions in the Council to examine how 'bad patents' such as neem, turmeric or basmati rice would have been resolved under their respective mandatory, contract-based, and voluntary approaches.
	www.ictsd.org /weekly/04-12-08/story1.htm (1287 words)

	Agreement on Trade-Related Aspects of Intelle... - Wikipedia, the free encyclopedia
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	en.wikipedia.org /wiki/Agreement_on_Trade-Related_Aspects_of_Intelle... (41 words)

	Inside US Trade - March 12, 2004
		That same meeting accepted a December 2002 agreement to give developing countries that lack the capacity to manufacture generic drugs a waiver from WTO rules that would allow them to import generic copies of patented drugs manufactured in third countries under a compulsory license.
		Specifically, the Menom statement was meant to provide safeguards for the December 2002 agreement, such as by stating that the flexibility being granted to developing countries was to protect public health and not to pursue industrial and commercial policy objectives through compulsory licensing.
		One developing country source argued that developing countries believe the chairman¹s statement was never intended to be legally binding, and was instead intended to allay the fears of brand-name pharmaceutical companies that the TRIPS agreement would by misused, such as through the diversion of drugs to rich countries.
	www.cptech.org /ip/wto/p6/insideustrade03122004.html (1714 words)

	TRIPs Review 27.3(b) Capacity Building Priorities
		This would provide countries with maximum flexibility within the existing agreement, particularly because the exact meaning of most of the terms has yet to be agreed, or defined by international jurisprudence.
		Other pressures from trading partners, donors and other international agreements may also be brought to bear on countries, obliging them to comply with this agreement and a specific interpretation of this sub-paragraph.
		Each of these agreements and decisions, which are mutually supportive, may be better suited to providing long-term equitable sharing of the benefits from the use of biological resources for food and agriculture as their purpose is to safeguard these resources for future generations through, inter alia, facilitating their sustainable use.
	www.ukabc.org /TRIPs/cs_exsum.htm (3793 words)

	GRAIN \| Fight for rights
		The WTO Agreement on Trade-Related Aspects of Intellectual Property, or TRIPS for short, is a central pillar of the multilateral trade system today.
		The TRIPS Agreement is binding on all WTO members.
		Developing countries have made many numerous proposals to amend TRIPS to prohibit patents on life, limit biopiracy by identifying the origin of genetic materials and traditional knowledge in patent applications or guarantee space within TRIPS for farmers' and indigenous peoples rights.
	www.grain.org /rights/tripsreview.cfm (1084 words)

	Declaration on the TRIPS Agreement and public health (Site not responding. Last check: 2007-10-21)
		This document presents the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and public health, which were agreed upon at the Fourth Session of the WTO Ministerial Conference in Doha in November 2001.
		The need for the TRIPS Agreement to be part of the wider national and international action to address public health problems, such as HIV/AIDS, in developing countries, is stressed.
		The effect of the provisions in the TRIPS Agreement that are relevant to the exhaustion of intellectual property rights is to leave each Member free to establish its own regime for such exhaustion without challenge.
	www.eldis.org /static/DOC11512.htm (284 words)

	TRIPS AGREEMENT
		CORREA, C.M. Implementation of the TRIPs Agreement in Latin America and the Caribbean.
		HEALD, P.J. Trademarks and geographical indications : exploring the contours of the TRIPS Agreement.
		: an examination of U.S. failure to comply with the geographical provisions of the TRIPS Agreement.
	www.ppl.nl /hugo/WTObibliographytripsamerica.htm (1788 words)

	The Road to Doha and Beyond: Some Reflections on the TRIPS Agreement and Public Health (Site not responding. Last check: 2007-10-21)
		Even after the most recent agreement on access to generic medicines in poor countries, serious differences of interpretation and implementation difficulties under the TRIPS Agreement are likely to persist.
		This article explores the global debate on the TRIPS Agreement and public health, as it has evolved over the years.
		It is argued that the TRIPS Agreement should be implemented and interpreted so as to allow WTO Members the maximum flexibility in increasing access to essential medicines for all.
	www.ejil.org /journal/Vol15/No1/art5.html (197 words)

	International Intellectual Property - Professor Rochelle Dreyfus and ProfessorThomas Dreier
		We stress the need for the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to be part of the wider national and international action to address these problems.
		Accordingly, while reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all.
		The effect of the provisions in the TRIPS Agreement that are relevant to the exhaustion of intellectual property rights is to leave each Member free to establish its own regime for such exhaustion without challenge, subject to the MFN and national treatment provisions of Articles 3 and 4.
	www.law.nyu.edu /dreyfussr/spring02/intellectintlproperty/trips.html (495 words)

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