Jayashree Watal

A handbook on the WTO TRIPS agreement

1. Introduction to the TRIPS Agreement 2. Copyright and related rights 3. Trademarks 4. Geographical indications 5. Patents 6. Industrial designs, layout-designs of integrated circuits, undisclosed information, anti-competitive practices 7. Enforcement 8. Dispute prevention and settlement 9. TRIPS and public health 10. Current TRIPS issues Appendix 1. Guide to TRIPS notifications Appendix 2. Guide to TRIPS documents Annex 1. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) 1994 Annex 2. Provisions of the Paris Convention for the Protection of Industrial Property (1967) referred to in the TRIPS Agreement Annex 3. Provisions of the Berne Convention for the Protection of Literary and Artistic Works (1971) referred to in the TRIPS Agreement Annex 4. Provisions of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (The Rome Convention) (1961) referred to in the TRIPS Agreement Annex 5. Provisions of the Treaty on Intellectual Property in Respect of Integrated Circuits (1989) referred to in the TRIPS Agreement Annex 6. Declaration on the TRIPS Agreement and Public Health (2001) Annex 7. Decision on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (2003) Annex 8. Decision on Amendment of the TRIPS Agreement (2005) Annex 9. Decision on Extension of the Transition Period under Article 66.1 of the TRIPS Agreement for Least-Developed Country Members for Certain Obligations with Respect to Pharmaceutical Products (2002) Annex 10. Decision on Extension of the Transition Period under Article 66.1 for Least-Developed Country Members (2005).

Is TRIPS a Balanced Agreement from the Perspective of Recent Free Trade Agreements

This chapter focuses on the perceived shortcomings of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) seen from the perspective of the demandeurs for strengthened intellectual property (IP) protection in the TRIPS negotiations and the subsequent gains made in bilateral and plurilateral free trade agreements (FTAs). The comment concludes that the IP chapters of FTAs throw light on what the two major demandeurs for stronger IP protection, namely the European Union (EU) and the United States (US), did not obtain in the TRIPS negotiations. It also draws attention to certain perceived shortcomings of TRIPS from the perspective of those with mainly defensive interests, but some offensive interests, namely most developing countries. The EU and US agreements are only used to illustrate these points, not to provide a comprehensive understanding of these FTAs. An attempt is made to unravel the puzzle of why developing countries seek and accept FTAs with TRIPS-plus IP chapters, what effect FTAs could have in multilateral IP negotiations on the positions of developing countries that are party to FTAs, and whether or not there is asymmetry in such FTA negotiations. Overall, this chapter concludes that the TRIPS Agreement does appear more balanced when seen from the perspective of the more recent bilateral or regional FTAs concluded by the EU and US.

Policy coherence for improved medical innovation and access

Public policy-making is an increasingly complex undertaking in a globalizing world, especially as policy domains for -merly viewed in isolation become more intertwined. This complexity marks the interplay between health, intellectual property and trade policies. Can such interplay be managed so as to enhance the discovery, development and delivery of medical technologies for better health services and outcomes? This question is at the heart of a joint study on promot-ing access to medical technologies and innovation recently launched by the World Health Organization (WHO), the World Intellectual Property Orga-nization (WIPO) and the World Trade Organization (WTO).