The Trips Agreement Protects What Kind Of Data


    A 2003 agreement eased the requirements of the domestic market and allows developing countries to export to other countries where there is a national health problem as long as the exported medicines are not part of a trade or industrial policy. [10] Drugs exported under such a regime may be packaged or coloured differently to prevent them from harming the markets of industrialized countries. The TRIPS Agreement provides for transitional periods that will give developing countries additional time to bring national laws and practices into line with TRIPS provisions. There are three main transit times. The first was the transitional period 1995-2000, at the end of which countries were required to implement the TRIPS Agreement. The transition period 2000-2005 allowed some countries to delay the availability of patent protection in areas of technology that were not as protected at the time of the entry into force of the TRIPS Agreement in that country. These countries have been given five additional years to establish a product patent regime for technologies and products that they had not previously protected in terms of patents, such as pharmaceuticals and agrochemicals. During the transitional period, these countries are required to accept patent applications from 1995 and keep these applications in a mailbox until the opening of the voicemail in 2005, which evaluates applications. The third transitional period will enable the least developed countries (LDCs) until 2006 to fulfil their obligations under the TRIPS Agreement, taking into account their economic, financial and administrative constraints. This period may be further extended by the TRIPS Council at the request of an LDC Member. Least developed countries now have additional time until 2016 for patents on pharmaceuticals and exclusive marketing rights, thanks to the Doha Declaration on the TRIPS Agreement and Public Health.

    Therefore, least developed countries do not need to provide for or enforce patents and data protection for pharmaceuticals before 1 January 2016 (see below). 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 developed countries) and the imposition of artificial shortages on citizens of countries that would otherwise have weaker intellectual property laws are common bases for such criticism. Other criticisms focused on TRIPS` failure to accelerate the flow of investment and technology to low-income countries, an advantage advanced by WTO members before the agreement was created.