Trips Agreement Covid 19

The WTO TRIPS Agreement is the most comprehensive multilateral agreement on intellectual television. It provides for some basic principles (for example. B Non-discrimination), defines the IP system in terms of promoting innovation and spreading technologies for the common good, establishes minimum standards of protection for each of the areas of intellectual property covered by the TRIPS ON agreement, contains provisions for internal procedures and remedies to enforce intellectual property, and subordinates disputes between members to compliance with TRIPS obligations to WTO dispute settlement procedures. The persistent emergence of coronavirus clearly shows that it is important to obtain sufficient incentives for the research and development of new innovative drugs through an exclusive supply, but also that it is important to ensure the wide availability of these drugs. I propose to take a look at the patent provisions of the USMCA regarding the marketing authorization procedure for patented drugs, whether or not they offer a practical compromise between brand protection (based on research) and the availability of generic drugs (copied) or that could or should be added to a similar « TRIPSplus » agreement. In particular, I would like to propose a « research exception » against offences, similar to the mandatory regulatory exception prescribed in section 20.47 of the USMCA, and this « research exception, » which is reflected in another « research exception » versus anticipation. Section 20.6 of the USMCA states that, in the IP chapter of the USMCA, there is no interpretation and implementation to impede the application of the TRIPS and Public Health Statement. Similarly, section 20.40 of the USMCA with respect to rights and obligations under section 31 of the TRIPS or any waiver of those rights. As a result, the USMCA does not affect or amend the rights or obligations relating to compulsory licences or the use of the state, in accordance with section 31 of the TRIPS or section 31 bis of trips. UsMCA, however, requires a specific application of Section 30 TRIPS (adapted to USMCA Section 20.39 in the USMCA): USMCA Section 20.47 requires (not optional) a regulatory exemption for pharmaceutical products solely for the purpose of producing information in order to meet marketing authorization requirements.

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