The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain. The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. [i] The main agreements – the Paris and Berne Conventions of 1883 and 1886 respectively – were incorporated into the TRIPS agreement, as well as parts of the 1961 Rome Agreement and the 1989 Washington Treaty (WTO, 2011). Trips-plus conditions, which impose standards beyond TRIPS, have also been verified. [38] These free trade agreements contain conditions that limit the ability of governments to introduce competition for generic drug manufacturers. In particular, the United States has been criticized for promoting protection far beyond the standards prescribed by the TRIPS. The U.S. free trade agreements with Australia, Morocco and Bahrain have expanded patentability by making patents available for new uses of known products. [39] The TRIPS agreement authorizes the granting of compulsory licences at the discretion of a country.

The terms of trips plus in the U.S. Free Trade Agreement with Australia, Jordan, Singapore and Vietnam have limited the application of mandatory licences to emergencies, remedies for cartels and abuse of dominance, and cases of non-commercial public use. [39] 1. The TRIPS agreement provides minimum standards for the protection of patents, trademarks, copyrights and other intellectual property rights. See the text of the agreement in www.wto.org. In addition to the basic intellectual property standards set out in the TRIPS agreement, many nations have committed to bilateral agreements to adopt a higher level of protection. This collection of standards, known as TRIPS or TRIPS-Plus, can take many forms. [20] One of the general objectives of these agreements is that, unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. As Maskus (2003, op. cit.) noted, although overall needs in poor countries are immense, “even though some poor countries have collected their demands for a particular drug in a trade agreement covered by this exception, the scale may still be too low to become attractive to potential suppliers…

Since eligible import markets will not be large in very small countries, generic drug manufacturers may not be interested in producing these small quantities and waiting for economies of scale. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is an agreement of international law between all World Trade Organization (WTO) member states. It sets minimum standards for the regulation of different forms of intellectual property by national governments, as is the case for nationals of other WTO member states. [3] The TRIPS agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is managed by the WTO. It is essential that TRIPS also represent a significant improvement over previous PrIS agreements, as they have considerable capacity to control, control and resolve disputes (Matthews, 2002: 79-95). An TRIPS Council – which brings together all WTO members – examines national legislation and the implementation of the agreement. In the event of serious litigation, any member may ultimately refer a case to the WTO`s dispute resolution body, which has the power to impose criminal trade sanctions to ensure compliance.