Tripping up TRIPS debates IP and health in bilateral agreements
by Jean-Frederic Morin
International Journal of Intellectual Property Management (IJIPM), Vol. 1, No. 1/2, 2006

Abstract: Access to medicine is at the forefront of multilateral debates on patent law. This paper argues that bilateralism allows the USA to circumvent these debates and to set new international standards. Recently-concluded US Free Trade Agreements (FTAs) impose more stringent conditions than the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires. Although these 'TRIPs-plus provisions' are not technically incompatible with the Doha Declaration on Public Health, they can be considered as additional barriers for the entry of generic medicines.

Online publication date: Tue, 03-Oct-2006

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