Essay On TRIPS Agreement

1690 Words7 Pages
I. INTRODUCTION Uruguay Round of trade negotiations was one of the most fundamental changes in global trade policy set out where it has made all the World Trade Organization (WTO) Members to comply with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS lay down minimum standards of protection of intellectual property rights (IPR) which are mandatory for WTO member countries for implementation. The TRIPS Agreement was signed in Marrakesh, Morocco, on 15 April 1994, on the outset of Paris Convention through Article 2 of TRIPS. TRIPS agreement has framed its objectives and principles in Articles 7 and 8 which ought to be followed by the member countries. The objectives of TRIPS are enshrined as dissemination of technology transfer and promotion of technological innovation to the mutual advantage of producers and users of technological knowledge and in a manner that it contributes to socio- economic welfare, and to have balance between rights and obligations. The principles of TRIPS highlight that the members countries to formulating or amending their laws and regulations, adopt measures necessary to protect nutrition and public health, and to boost the public interest in sectors of vital importance to their technological development and socio-economic, in a manner coherent with the provisions of TRIPS Agreement. However, it allows little flexibility within its provisions for member countries to take effective steps to meet the healthcare needs, especially to Least Developed Countries (LDCs) and developing countries. And since India is a member of World Trade Organization (WTO), it has to comply with all rules of the TRIPS Agreement. It was on April 15, 1994 that 117 nations ... ... middle of paper ... ...TRIPS patent laws in the important public health issue. RESEARCH METHODOLOGY This Dissertation, titled “Impact of TRIPS on Indian patent regime with reference to pharmaceutical sector” has been written and based on doctrinal method of research which involves the collection of data from secondary sources, like books written by authors and articles found in journals and websites. No empirical research methodology is employed in this work. Library sources and Internet has provided with a major contribution of most relevant and latest information on the web, which helped to explore the subject through various dimensions. NALSAR University of Law, Hyderabad and library’s e- resources like Westlaw, Hein online have played a crucial role for the researcher to bring out materials for dissertation. Throughout this paper researcher has followed a uniform mode of citation.
Open Document