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59 The ILC found that «the maxim [ut res seism magis valeat pereat] reasonably limited and applied does not require a «broad» or «liberal» interpretation in the sense of an interpretation that goes beyond what must be expressed or necessarily implied in the treaty. ILC (n 35) 219 [6]; The WTO`s interpretive practice is governed by the DSU, which states that «the recommendations and decisions of the RGB cannot increase or reduce the duties and obligations provided for by the covered agreements.» DSU, art. 3.2 (n 43). 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. 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 a 2003 agreement relaxed the requirement of the internal market and allows developing countries to export to other countries with national health problems until exported drugs are part of a trade or industrial policy. [10] Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries.

Climate change and the WTO Intellectual Property Agreement (TRIPS) of the more adhesive conditions, which impose standards beyond TRIPS, were also discussed. [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] The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary measures 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. 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.

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