Transitional Arrangements under the TRIPS Agreement Sample Clauses

Transitional Arrangements under the TRIPS Agreement. Members states of the WTO have been given grace periods after entry into force of the Agreement establishing the WTO to apply the TRIPS Agreement. 58 In relation to patents, the TRIPS Agreement provides that patents shall be available for products and processes in all fields of technology provided they are new, involve an inventive step and are capable of industrial application.59 However, member countries may exclude or prevent the commercial exploitation within their territories of certain inventions in order to protect public safety including human, animal or plant life or health or to avoid serious prejudice to the environment provided that such exclusion is not made merely because it is prohibited by law.60 This provision means that member countries cannot legislate or amend their own laws to prevent patents in the fields enumerated above. This seems to be a contradiction in terms because an act found to be contrary to public order or safety must be outlawed so that it is never practised. The situation as it exists now begs the question then of how and who determines public safety especially when this applies to developing countries in the area of access to pharmaceuticals. It seems to be that developing countries are obliged to follow the rules and standards obtaining in developed countries whether these are workable or not. Article 27 and 70.8 on patents for pharmaceuticals are quite controversial. They essentially oblige member states of the WTO to provide patent protection for pharmaceuticals for a mandatory period of 20 years. It must be noted that people in developing countries are in urgent need of access to cheap pharmaceuticals to treat infectious diseases like malaria, tuberculosis and HIV/AIDS. As such an obligation to provide patent protection for the essential drugs for such a long period of time could be said to be against public order and safety because it restricts access. 57 Ibid‌ 58 Developed countries were generally required to be TRIPS compliant by January 1, 1996 (article 65.1); developing countries in the process of transformation into free market economies by January 1 2000 (article 65.2 and article 65.3); developing countries obliged to extend product patent protection to types of products not previously patentable in those countries by January 1, 2005 and least developed countries by January 1, 2006 extendable upon motivated request (article 66.1)
Sample 1
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Related to Transitional Arrangements under the TRIPS Agreement

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