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Trips Agreement Countries

The management of trade unions created under the various conventions is centralised by the WIP secretariat, the International Bureau. The International Bureau also has international registration services in the field of patents, trademarks, designs and appellations of origin. WIPO also deals with development cooperation for developing countries through advice, training and documents. In addition, Article 65.5 of the ON TRIPS agreement provides that countries that use the transition period cannot return members who use a transitional period (according to Article 65, paragraphs 1, 2, 3 or 4), to ensure that changes to their laws, rules and practices during the transition period do not result in a lesser degree of compliance with the provisions of the agreement. The TRIPS agreement stipulates that WTO member states must respect the essential obligations of wipO`s main agreements, the Paris Convention on Industrial Property and the Bern Convention on Copyright (in their most recent versions). In other words, while there is no single international patent law, TRIPS are a harmonization of patent law. For decades, the industry had insisted that such a measure be taken. It is a unique policy to extend to developing countries the stricter patent laws applied to date in industrialized countries, regardless of their radically different social and economic conditions. In addition to the notification obligations expressly provided for by the agreement, a number of notification provisions of the Berne Convention and the Rome Conventions are incorporated into the TRIPS agreement by reference, but without express reference. Developing countries that are not the least developed countries had to apply the membership provisions until 1 January 2000. In 2000 and 2001, the TRIPS Council reviewed the legislation of the following members, whose transitional periods expired on 31 December 1999: drug regulators require pharmaceutical companies to submit data demonstrating the safety, quality and efficacy of the product. The ON TRIPS agreement requires WTO members to protect undisclosed test data submitted to drug regulators for marketing authorization from unfair commercial use.

Given that countries have considerable discretion in the definition of “unfair trade use,” it is argued that countries can meet their test data protection obligations by prohibiting the “dishonest” use of data. In this case, the use of government authorities to assess the efficacy and toxicity of a drug would not be compromised. However, the argument put forward today is that data exclusivity is a precondition for the TRIPS agreement.

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