Intellectual
Property – TRIPS Agreement
The
Ministerial Declaration the 4th World Trade Organisation
Ministerial Conference in Doha directed the TRIPS Council to complete
negotiations concerning geographical indications by the next session
of the Ministerial Conference. The declaration also instructed
the Council to be guided by the principles and objectives of the
Agreement and to take account of the development dimension in
pursuing its work programme. This programme includes examination
of the relationship between the TRIPS Agreement and the Convention
on Biological Diversity and the protection of traditional knowledge
and folklore.
A
decision on implementation related issues and concerns directed
the TRIPS Council to continue examining the scope and modalities
of so-called non-violation complaints. In the meantime it was
agreed that Members would not initiate such complaints. The decision
also instructed the TRIPS Council to put in place a mechanism
to monitor implementation of obligations relating to technology
transfer to least developed country members.
Ministers
agreed a separate declaration on TRIPS and public health.
Background
Intellectual
property includes copyright, trade marks and patents. A strong
system for protecting these measures is key to encouraging innovation
and technology transfer in developed and developing countries
alike. Confidence to bring forward new products and export them
will be enhanced by such a system on a worldwide basis and local
firms across the world will have greater opportunity to license
technology.
The
World Trade Organisation's (WTO) Trade
Related aspects of Intellectual Property Rights (TRIPS) Agreement
was one of the major achievements of the Uruguay Round which also
created the WTO. It sets out minimum standards of intellectual
property protection that WTO Members must provide. However, its
most significant effects are just beginning to be felt as developing
countries had until 2000 to implement the agreement and least
developed countries still have until 2006. Full implementation
of the current Agreement is therefore a key objective of the UK
Government and we shall be working closely with all WTO Members
to work through any obstacles to this implementation. The TRIPS
Council is the body, made up of all WTO Members, whose task it
is to monitor the operation of the TRIPS Agreement.
Issues
relating to intellectual property are handled by the DTI's Patent
Office. There are two directorates within the Patent Office
that develop and carry out UK policy on all aspects of intellectual
property (IP):
The
Intellectual
Property Policy Directorate (IPPD) deals with patents, trade
marks, designs and geographical indications of origin and co-ordinates
on issues affecting both copyright and industrial property matters.
For
further information contact:
contact: Julyan Elbro
Tel: +44 (0) 01633 813722
Fax: +44 (0) 01633814922
Email: julyan.elbro@patent.gsi.gov.uk
The
Copyright
Directorate deals with policy on copyright and related rights
and provides the Secretariat for the Copyright Tribunal, which
settles disputes over copyright licenses in the UK.
For
further information contact:
Teresa
Arnesen
Tel: 020 7596 6566
Fax: 020 7596 6526/7
E-mail: copyright@patent.gov.uk
Last
revised on Friday 8 December 2000.
Intellectual
Property – TRIPS and Access to Medicines
At
the 4th World Trade Organisation Ministerial Conference
in Doha Ministers agreed on a declaration concerning the TRIPS
Agreement and public health. This recognised that TRIPS allows
WTO Members to take measures to protect public health. Whilst
preserving the necessary incentives for pharmaceutical companies
to develop new drugs for the future, the Conference recognised
that TRIPS allows WTO Members to use their pharmaceutical manufacturing
capacity to promote access to essential medicines in their countries
during public health crises. The Declaration recognised that WTO
Members with insufficient or no manufacturing capacity in the
pharmaceutical sector could face difficulties in making effective
use of compulsory licencing under the TRIPS Agreement. Ministers
instructed the TRIPS Council to find a solution to this potential
problem by the end of 2002.
Background
Intellectual
property includes copyright, trade marks and patents. A strong
system for protecting these measures is key to encouraging innovation
and technology transfer in developed and developing countries
alike. Confidence to bring forward new products and export them
will be enhanced by such a system on a worldwide basis and local
firms across the world will have greater opportunity to license
technology.
The
World Trade Organisation's (WTO) Trade
Related aspects of Intellectual Property Rights (TRIPS) Agreement
was one of the major achievements of the Uruguay Round which also
created the WTO. It sets out minimum standards of intellectual
property protection that WTO Members must provide. However, its
most significant effects are just beginning to be felt as developing
countries had until 2000 to implement the agreement and least
developed countries still have until 2006. Full implementation
of the current Agreement is therefore a key objective of the UK
Government and we shall be working closely with all WTO Members
to work through any obstacles to this implementation. The
TRIPS Council is the body, made up of all WTO Members, whose task
it is to monitor the operation of the TRIPS Agreement.
Issues
relating to intellectual property are handled by the DTI's Patent
Office, whose Intellectual
Property Policy Directorate (IPPD) deals with patents, trade
marks, designs and geographical indications of origin and co-ordinates
on issues affecting both copyright and industrial property matters.
contact:
Julyan Elbro
Tel: +44 (0) 01633 813722
Fax: +44 (0) 01633814922
Email: julyan.elbro@patent.gsi.gov.uk
Last
revised on 14 February 2003
