Trips Agreement And Human Rights

Such a plan could also lead to useful innovations, as publicly funded scientists are hopefully more concerned with Nobel prizes than with profits.178 It is therefore perhaps doubtful whether pharmaceutical patents are justified by international human rights law, as they promote research and development, essential for the future improvement of the rights to life and health. To the extent that they are held by natural persons, they shall also constitute a means of protecting the rights of that person in accordance with Article 15(1)(c) CIEMCR. Members may provide for limited derogations from the exclusive rights conferred by a patent, provided that such derogations are not inappropriately contrary to the normal exploitation of the patent and do not inappropriately prejudice the legitimate interests of the patent owner, taking into account the legitimate interests of third parties. Some bilateral trade agreements concluded by the United States provide for restrictions on compulsory licensing that go beyond the restrictions imposed by Article 31 of TRIPS. First, data exclusivity can significantly delay the effects of a compulsory licence195 Second, the provisions of the US bilateral states with Australia and Singapore could limit the possibility for those states to sign the 2003 waiver as exporting countries196 It is true that there are no serious proposals in the WTO to strengthen intellectual property protection. However, as noted in Chapters 3 and 9, bilateral free trade agreements have multiplied over the past decade, while the Doha Round negotiations have stalled. TRIPS plus provisions, which impose even stricter IP obligations on States than TRIPS, have been incorporated into many bilateral agreements, including agreements concluded by the United States. TRIPS plus obligations have also been imposed as conditions on States that have acceded to the WTO, such as China, Jordan and Cambodia.189 TRIPS Plus provisions include longer patent terms, a guarantee of patentability for secondary uses, a guarantee of data exclusivity, other conditions applicable to compulsory licences, parallel import bans and stricter enforcement mechanisms.190 intellectual property (TRIPS) aspects on the right to health, in particular the debate on the impact of global patent law on the prices of essential medicines. .