Common Contracts
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Intellectual Property Rights in preferential trade agreementsJune 18th, 2009
From a developing countries’ perspective, the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)1, constitutes a major event in the evolution of the international system. It has meant strengthening and expansion of intellectual property (IP) standards. Under the pre-existent system, countries were free to exclude from patent protection certain technological fields or to protect those excluded sectors only as processes and not provide product protection.2 In this respect, at the time of the Uruguay Round negotiations leading to the adoption of TRIPS, a large number of countries exempted pharmaceutical products and food-related products from full patent protection.3 TRIPS recognizes that Members shall not be obliged to implement in their law more extensive protection than is required by the Agreement (often referred to as “TRIPS- Plus”), and that such protection shall not contravene the provisions of TRIPS. This is the quin
