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Trade Related Intellectual Property Rights (TRIPS) Agreement

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.

The Ministerial Declaration at 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.

Intellectual Property – TRIPS and Access to Medicines

At the same WTO Ministerial conference, Ministers also 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 Intellectual Property  Directorate  of the Intellectual Property Office. This directorate develops and carries out UK policy on all aspects of intellectual property (IP),patents, trade marks, designs and geographical indications of origin and co-ordinates on issues affecting both copyright and industrial property matters.

contacts:
Nick Ashworth
Tel: +44 (0) 01633 814450
Fax: +44 (0) 01633   814922
Email: nick.ashworth@ipo.gov.uk

For further copyright only information:

Michele Hambridge
Intellectual Property Policy Directorate
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ

Tel: +44 (0)1633 814025
Fax: +44 (0)1633 814922
E-mail:Michele.Hambridge@ipo.gov.uk

Secretariat for the Copyright Tribunal:

This Tribunal settles disputes over copyright licenses in the UK.The following address will link you directly to the copyright tribunal website pages -http://www.ipo.gov.uk/ctribunal.htm

Alternatively, the Secretary will be pleased to answer any other questions you may have and can be contacted at the following address:

The Copyright Tribunal
Room 2G31
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ

Tel: +44 (0)1633 811035
Fax: +44 (0)1633 811175
Minicom: 08459 222 250
E-mail: copyright.tribunal@ipo.gov.uk