Trips Agreement Came Into Effect On

After the Uruguay Round, THE GATT became the basis for the creation of the World Trade Organization. Since ratification of TRIPS is a precondition for membership of the World Trade Organization, any country seeking difficult access to the World Trade Organization`s many international markets must adopt the strict intellectual property laws imposed by TRIPS. This is why TRIPS is the main multilateral instrument for the globalization of intellectual property laws. Countries such as Russia and China[5], which were very unlikely to see the Berne Convention, saw the prospect of WTO membership as a great temptation. The World Trade Organization (WTO) is the international organization that deals with trade rules between nations. Since February 2005, 148 countries have been members of the WTO. Countries are committed to complying with the 18 specific agreements attached to the WTO agreement. They cannot choose to be proponents of certain agreements, but not others (with the exception of some “multilateral” agreements that are not mandatory). The TRIPS agreement provides for transitional periods that give developing countries additional time to bring national laws and practices into line with TRIPS rules. There are three main transit periods. The first was the 1995-2000 transition period, at which time countries were required to implement the TRIPS agreement. The 2000-2005 transition period allowed some countries to delay the protection of patents produced in areas where protection was not as well protected at the time the TRIPS agreement came into force in that country.

These countries were allowed to follow a five-year patent regime for technologies and products they had not yet granted for patent protection, such as pharmaceuticals and agrochemicals. During the transitional period, these countries are required to accept patent applications from 1995 and to keep these applications open in a mailbox until the mailbox opens in 2005, when applications are reviewed. The third transition period will allow least developed countries (LDCs) until 2006 to meet their obligations under the TRIPS agreement, given their economic, financial and administrative constraints. This period may still be extended by the TRIPS Council at the request of a member of the LDC. LDCs now have a further extension until 2016 for patents on medicines and exclusive marketing rights through the Doha Declaration on the TRIPS and Public Health Agreement.

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