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Trips Agreement Minimum Standards

Contrary to the “bottom-up” protection standards mentioned above, these flexibilities are outside the TRIPS agreement. Therefore, countries that pass legislation on these issues must not respect the principles and provisions of the agreement. For example, the protection of traditional knowledge can only be extended to foreigners on the basis of reciprocity. Since the TRIPS agreement came into force, it has been criticized by developing countries, scientists and non-governmental organizations. While some of this criticism is generally opposed to the WTO, many proponents of trade liberalization also view TRIPS policy as a bad policy. The effects of the concentration of WEALTH of TRIPS (money from people in developing countries for copyright and patent holders in industrialized countries) and the imposition of artificial shortages on citizens of countries that would otherwise have had weaker intellectual property laws are common bases for such criticisms. Other critics have focused on the inability of trips trips to accelerate the flow of investment and technology to low-income countries, a benefit that WTO members achieved prior to the creation of the agreement. The World Bank`s statements indicate that TRIPS have clearly not accelerated investment in low-income countries, whereas they may have done so for middle-income countries. [33] As part of TRIPS, long periods of patent validity were examined to determine the excessive slowdown in generic drug entry and competition.

In particular, the illegality of preclinical testing or the presentation of samples to be authorized until a patent expires have been accused of encouraging the growth of certain multinationals and not producers in developing countries. The TRIPS agreement not only requires compliance with the fundamental standards of the Berne Agreement, but also specifies and adds specific points. The TRIPS agreement was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) from 1986 to 1994. Its reception was the culmination of an intensive lobbying program by the United States, supported by the European Union, Japan and other developed nations. Campaigns of unilateral economic support under the system of generalized preferences and the constraint under Section 301 of the Trade Act have played an important role in combating competing political positions favoured by developing countries such as Brazil, but also Thailand, India and the Caribbean basin countries.

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