Implications of the TRIPs Agreement on Patents for Pharmaceutical Products Sample Clauses

Implications of the TRIPs Agreement on Patents for Pharmaceutical Products. In general, the TRIPs Agreement requires WTO Member States to grant patent protection to all inventions in any branch of technology.90 This provision was expressly aimed at pharmaceutical products, for which certain developing countries, as well as developed countries, had refused to grant patents. Because of the high prices of patented drugs and the large amount of expenditure required for research and development (R&D) in the pharmaceutical field, some countries had chosen to imitate products patented in industrialized countries in order to meet their national requirements for drugs at a lower cost and to develop their local industry. Other countries with no pharmaceutical industry could also buy these copies of patented drugs at competitive prices. If national regulations on patents do not provide for the protection of pharmaceuticals, or if they are not respected, the Member State in question may, pursuant to the disputes settlement process, incur commercial sanctions imposed by the WTO Dispute Settlement Body.91 Even though some countries choose to risk the complaint by the other Member States, because the compliance may cost much more, compared with the sanction. So let us draw our attention on this controversial Agreement and try to find its characteristic then to discuss the impact of this Agreement respectively in detail. 88 ibid. 89 Ibid. 90 See Article 27. 91 “Pharmaceuticals in the Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement of the World Trade Organization (WTO) A Briefing on Trips”. Op.cit.
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