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TRIPS and pharmaceutical patents: fact sheet
The WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) attempts to strike a balance between the long term social objective of providing incentives for future inventions and creation, and the short term objective of allowing people to use existing inventions and creations.
The agreement covers a wide range of subjects, from copyright and trademarks, to integrated circuit designs and trade secrets. Patents for pharmaceuticals and other products are only part of the agreement.
See also:
>
Frequently-asked questions
September 2006
This fact sheet has been prepared by the Information and Media Relations Division of the WTO Secretariat to help public understanding. It is not an official interpretation of the WTO agreements or members’ positions
See also:
> TRIPS issues: Pharmaceuticals and patents
> Pharmaceutical patents and the TRIPS Agreement
A more technical explanation.
Contents
Philosophy: TRIPS attempts to strike a balance
What is the basic patent right?
A patent is not a permit to put a product on the market
Under TRIPS, what are member governments’ obligations on pharmaceutical patents?
IN GENERAL (see also “exceptions”)
ELIGIBILITY
FOR PATENTING
RESEARCH
EXCEPTION AND “BOLAR” PROVISION
ANTI-COMPETITIVE
PRACTICE, ETC
COMPULSORY
LICENSING
WHAT
ARE THE GROUNDS FOR USING COMPULSORY LICENSING?
PARALLEL
IMPORTS, GREY IMPORTS AND ‘EXHAUSTION’
OF RIGHTS
THE DOHA DECLARATION ON
TRIPS AND PUBLIC HEALTH
IMPORTING UNDER
COMPULSORY LICENSING (慞AR.6?
Developing countries’ transition periods
GENERAL
PHARMACEUTICALS
AND AGRICULTURAL CHEMICALS
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