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Trips Agreement Upsc In Hindi

Opublikowano: Kwiecień 13th, 2021 by foto-klinika |

Despite the Doha Declaration, many developing countries have been under pressure in recent years to adopt or implement even stricter or more restrictive conditions in their patent laws than those under the TRIPS agreement – these provisions are called “TRIPS plus.” Countries are not required to do so under international law, but many countries, such as Brazil, China or Central America, have had no choice but to adopt them under trade agreements with the United States or the European Union. These have disastrous effects on access to medicines. Some areas are not covered by these agreements. In some cases, the prescribed standards of protection were found to be insufficient. The TRIPS agreement therefore significantly complements existing international standards. As in the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS), the starting point of the ON-TRIPS agreement is the basic principle. As in the other two agreements, non-discrimination plays a major role: national treatment (which does not treat foreigners less favourably than its own nationals) and the MFN (non-discriminatory among nationals of trading partners). The issue is also a key principle in other IP agreements outside the WTO. Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3).

Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4). The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. The TRIPS agreement is the only international agreement that details respect for intellectual property rights, including rules on evidence, interim measures, compensation measures and other sanctions. It states that courts must, under certain conditions, have the right to order the disposal or destruction of property that violates intellectual property rights. Intentional infringement or commercial-scale copyright piracy must be punishable.