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. Decision 94/800/EC on the conclusion of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) on the conclusion of the agreements reached in the multilateral negotiations of the Uruguay Round. To qualify for a patent, an invention must be new, inventive and industrially applicable. In addition, patented inventions must be disclosed so that others can investigate the invention even if it is protected by a patent. 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. The World Bank`s statements indicate that TRIPS have clearly not accelerated investment in low-income countries, whereas they may have done so for middle-income countries. [33] As part of TRIPS, long periods of patent validity were examined to determine the excessive slowdown in generic drug entry and competition. In particular, the illegality of preclinical testing or the presentation of samples to be authorized until a patent expires have been accused of encouraging the growth of certain multinationals and not producers in developing countries. During the multilateral negotiations of the Uruguay Round (1986-1994) of the World Trade Organization (WTO), the EU signed an agreement on aspects of trade-related intellectual property rights (TRIPS). Pharmaceutical patents are part of the intellectual property rights that the agreement seeks to protect. With regard to the implementation of the agreement, developed countries had one year to bring their laws and practices into line with the agreement. This period has been extended to 5 years (i.e. until 2000) for developing countries and countries that have moved from a centralized economy to a market economy and to 11 years (i.e. until 2006) for least developed countries (LDCs). The decision approves the agreement establishing the WTO on behalf of the European Community (now the EU). Governments also play a supervisory role and can act to prevent patent holders from abusing these rights (anti-competitive practices) or obstructing technology transfer.
The TRIPS agreement provides for limited exceptions to patent rights. These exceptions should not be unreasonable with the normal use of the patent.
