Review of members` implementing rules Members must inform the TRIPS Council of their relevant laws and regulations. This will help the Council to review the functioning of the agreement. Article 40 of the TRIPS Agreement provides that certain practices or conditions relating to intellectual property rights that restrict competition may have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). In accordance with the other provisions of the Agreement, Member States may take appropriate measures to prevent or control abusive and anti-competitive IPR licensing practices (paragraph 2). The Agreement provides for a mechanism where by which a country wishing to combat practices in which companies of another Member State participates shall enter into consultations with that other Member State and provide non-confidential information publicly available and relevant to the matter in question and other information at its disposal, subject to national law and the conclusion of satisfactory agreements on compliance with its confidentiality by the requirement. (paragraph 3). Similarly, a country whose companies are subject to such measures in another Member State may enter into consultations with that Member (paragraph 4). Climate Change and the WTO Agreement on Intellectual Property (TRIPS) The TRIPS Agreement is an agreement on minimum standards that allows members to guarantee, if they so wish, broader protection of intellectual property. Members are free to determine the appropriate method for implementing the provisions of the Agreement in their own legal and practical order. The 2002 Doha Declaration reaffirmed 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 compulsory licensing, are almost impossible to enforce.
Less developed countries, in particular, cited their young domestic manufacturing and technology industries as evidence of the imprecision of the policy. With regard to all geographical indications, interested parties must have legal means to prevent the use of undue indications by the public as to the geographical origin of the case and the use of an act of unfair competition within the meaning of Article 10a of the Paris Assembly (Article 22(2)). Basic Introduction to the WTOs Agreement on Intellectual Property (TRIPS) Understanding the WTO, an introduction to the WTO, written for non-specialists. A more detailed overview of the TRIPS Agreement The TRIPS Agreement. is the most comprehensive multilateral agreement on intellectual property to date. Since the entry into force of TRIPS, it has been the subject of criticism from developing countries, scientists and non-governmental organizations. While some of this criticism is directed at the WTO in general, many proponents of trade liberalization also see TRIPS as bad policy. The wealth concentration effects of TRIPS (the movement of money from people in developing countries to 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 criticism.
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