But the question of what should be patented is left to countries. The agreement simply states that patents must be granted for new, inventive and useful inventions – but it does not define these terms. Deciding whether, for example, a new formulation (which produces a pill version of a drug that was previously available in powder form) or a new combination (combining two or more existing molecules in a new pill) merits a new twenty-year patent is a prerogative of countries and is not determined by WTO texts. Countries should therefore determine what types of inventions in the field of pharmaceuticals merit patents taking into account their own social and economic conditions. This is exactly what some governments, such as Brazil, Thailand or India, have done. In today`s world, this decision can be a matter of life and death for many patients. Other conditions may also differ, for example. B the term of protection during which each type of protection remains in force. The agreement also includes provisions on undisclosed test data and other data, the submission of which is required by governments as a condition of approval of the marketing of agricultural pharmaceutical or chemical products using new chemical units.
In such a situation, the government of the Member States concerned must protect the data against unfair commercial use. In addition, members must protect such data from disclosure, unless this is necessary to protect the public or measures are taken to ensure that the data is protected against unfair commercial use. To implement this recommendation, Article 28.1(b) of the TRIPS Agreement, which sets out the rights of process patent holders, should be amended. This paragraph states that the rights of a process patent holder extend to the product obtained from the process and are not limited to the process itself, effectively removing the concept of a process patent from the TRIPS Agreement (6). “. For most developing countries with low technological capacity, available data on trade, foreign investment and growth suggest that intellectual property protection will have little impact. It is also unlikely that the benefits of IP protection will outweigh the costs anytime soon. For more technologically advanced developing countries, the balance is finer. Dynamic profits can be made by protecting intellectual property, but at the expense of other industries and consumers. According to the general rule set out in Article 7(1) of the Berne Convention, as incorporated into the TRIPS Agreement, the term of protection is the life of the author and 50 years after his death. Paragraphs 2 to 4 of this article expressly allow shorter time limits in certain cases. These provisions are supplemented by Article 12 of the TRIPS Agreement, according to which the term of protection of a work other than a photographic work or of applied art is calculated on a basis other than the life of a natural person is at least 50 years from the end of the calendar year of the authorized publication or, if such an authorized publication is not published within 50 years of the creation of the work.
50 years after the end of the calendar year of manufacture. It may also clarify or interpret the provisions of the Agreement. For wines and spirits, the TRIPS Agreement offers a higher level of protection, i.e. even if there is no risk of misleading the public. In addition, paragraph 5 of Article 65 of the TRIPS Agreement provides that countries making use of the transition period shall not be relegated Members enjoying a transitional period (in accordance with Article 65(1), (2), (3) or (4)) shall ensure that changes to their laws, Regulations and practices during the transitional period shall not entail a lesser degree of consistency with the provisions of the Agreement. > General provisions > standards of protection > copyright > related rights > trademarks > Geographical indications > industrial designs > patents > integrated circuits > undisclosed information > anti-competitive licenses > implementation > General obligations > procedures and remedies > Interim measures > measures > criminal proceedings > > Other provisions > the acquisition and maintenance of rights > Transitional provisions > protection of existing assets Combining the above provisions, the result could be a highly efficient and patent-protected drug discovery and manufacturing process, but flexible enough to adequately serve the world`s developing countries. Copyright and trade secrets are automatically protected under certain conditions. They do not need to be registered and, therefore, there is no need to disclose, for example, how copyrighted computer software is built.
Article 10.2 clarifies that databases and other compilations of data or material other than these are protected by copyright, even if the databases contain data that, as such, are not protected by copyright. Databases are eligible for copyright protection if they represent intellectual creations due to the selection or arrangement of their content. The provision also confirms the need to protect databases, regardless of the form in which they exist, whether machine-readable or not. In addition, the provision clarifies that this protection does not extend to the data or material itself and does not affect the existing copyright in the data or documents themselves. The TRIPS Agreement contains certain provisions on well-known marks that complement the protection required by Article 6bis of the Paris Convention, which has been incorporated by reference into the TRIPS Agreement and requires members to refuse or cancel registration and prohibit the use of a mark that conflicts with a mark of repute. On the one hand, the provisions of that article must also apply to services. Second, it is necessary to take into account the relevant domain knowledge of the public acquired not only through the use of the mark, but also through other means, including its advertising. In addition, the protection of registered well-known marks must extend to goods or services which are not similar to those for which the mark has been registered, provided that their use indicates a link between those goods or services and the proprietor of the registered trade mark and that the interests of the proprietor may be prejudiced by such use (Article 16, paragraphs 2 and 3). Since the entry into force of travel, it has been criticized by developing countries, academics and non-governmental organizations. While some of these criticisms are directed at the WTO in general, many proponents of trade liberalization also view the TRIPS Agreement as bad policy. The concentration effects of the TRIPS Agreement`s wealth (transfer of money from people in developing countries to copyright and patent holders in developed countries) and the imposition of artificial scarcity on citizens of countries that would otherwise have had weaker intellectual property protection laws are common grounds for such criticism.