TRIPs-Plus Protection Sample Clauses

TRIPs-Plus Protection. Besides the obligation under trips, many developing countries are being required not only to comply with TRIPs Agreement standards but in some cases, as also illustrated by the case of South Africa, some Industrialized countries have requested more than that. They have pushed for TRIPs-plus protection. TRIPs-plus is described by WHO as attempts to enact national legislation that extends the life of a patent beyond the TRIPs minimum of 20 years, limiting compulsory licensing in manners not necessarily mandated under TRIPs and preventing exceptions that may facilitate the prompt introduction of generics, such measures may result in an intensification of the overall struggle to promote and protect human rights.215 This always happens when some developed countries, especially the United States of America, find that the provisions of the TRIPs Agreement still do not provide sufficient protection for the pharmaceutical industry. They therefore advocate a bilateral arrangement with the introduction of a retroactive system whereby, in countries where there has hitherto been no protection for pharmaceutical products and the law changes.216 For example, within the context of AGOA (African Growth and Opportunity Act) where, lured by the possibility of market access to the United States economy, African States may be forced to make concessions on the recognition and protection of IPRs that are higher than those stipulated in TRIPs.217 Usually, a period of grace is allowed during which it is possible to patent products that have already been patented in other countries, but have not yet been actually marketed in those countries. This system is known as the pipeline system, and has been introduced in the legislation of a number of countries including Mexico and Brazil218. 215 “Globalization and its impact on the full enjoyment of human rights”, by Special Rapporteurs X. Xxxxx-Xxxxxxx and Xxxxxxx Xxxxxxx.op.cit. 216 Xxxxxx Xxxxxxx.op.cit. 217 “Globalization and its impact on the full enjoyment of human rights”, by Special Rapporteurs X. Xxxxx-Xxxxxxx and Xxxxxxx Xxxxxxx.op.cit. 218 Xxxxxx Xxxxxxx.op.cit. “Given the challenges presented above, many Latin American and Asian countries, acting under bilateral pressures from industrialized countries, have already made concessions by adopting the TRIPS-plus framework” said by Argentine expert Xxxxxx Xxxxxx,219 and have designed legislation that may be considered more restrictive than the TRIPs Agreement permits. For example, m...
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Related to TRIPs-Plus Protection

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  • Xxxx Protection 23.1With respect to the Parties' rights and obligations under this Framework Agreement, the Parties agree that the Authority is the Data Controller and that the Supplier is the Data Processor.

  • Job Protection 15.9.1 Subject to 15.10 below, an employee returning from parental leave is entitled to resume work in the same position or a similar position to the one they occupied at the time of commencing parental leave. A similar position means a position:

  • Foot Protection The Employer reserves the right to require the wearing of foot protection by employees. In such cases, the Employer will provide a safety device or, if the Employer requires the employee to purchase approved safety shoes, the Employer will pay an allowance, not to exceed the established contract price approved by the State Purchasing Division, during January of each year.

  • Staff Protection A. The District shall protect certificated employees acting within the scope of their employment by purchasing liability insurance in the amount of at least five million dollars ($5,000,000) per occurrence, and the District shall include the certificated employees as named insured under the liability insurance and errors and omissions policy of the school district.

  • Eye Protection Approved eye protection shall be supplied to individual prescription to all employees who normally wear glasses and are required to wear eye protection for an appreciable amount of time in the performance of their duties.

  • Child Protection Barracudas’ staff have a duty to respond if they suspect a child may be suffering from or makes a disclosure about abuse. In this event staff will contact the relevant local authority and act on their advice.

  • Meadow Protection Reasonable care shall be taken to avoid damage to the cover, soil, and wa- ter in xxxxxxx shown on Sale Area Map. Vehicular or skidding equipment shall not be used on xxxxxxx, ex- cept where roads, landings, and tractor roads are ap- proved under B5.1 or B6.422. Unless otherwise agreed, trees felled into xxxxxxx shall be removed by endlining. Resulting logging slash shall be removed where neces- sary to protect cover, soil, and water.

  • Whistle Blowing Protection The Employer agrees to adhere to the whistle blowing protection pursuant to the Long-Term Care Homes Act (LTCHA).

  • ENVIRONMENT, SAFETY AND HEALTH PROTECTION (a) Seller shall perform this Agreement in a manner that ensures adequate protection for workers, the public, and the environment, and shall be accountable for actions of itself and its lower-tier subcontractors, agents and employees. Seller shall exercise a degree of care commensurate with the work and the associated hazards. Seller shall ensure that management of environment, safety and health (ES&H) functions and activities is an integral and visible part of Seller’s work planning and execution process. In the event that Xxxxxx fails to comply with this Agreement, Company may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at Company’s discretion. Seller shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage. In addition, Company may require, in writing, that Seller remove from the work any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable.

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