The WTO Agreement on TRIPs

Term Paper # 115865

Law > International
Medical and Health > Drugs

An examination of how the World Trade Organization agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) has changed the way medicines are handled in the international community.

3,948 words () | 12 sources | MLA | 2009 United States

Paper Summary:

This paper discusses the World Trade Organization agreement on Trade-Related Aspects of Intellectual Property Rights, which is also known as TRIPs. The paper first discusses the history of the agreement and the aspects that the laws encompass. The paper then focuses on how the TRIPs agreement has changed the way medicines are handled in the international community.

From the Paper:

"The TRIPs agreement has changed the way medicines are handled in the international community and has also changed the way intellectual property rights are handled. The compulsory licensing provision has made it possible for people in less fortunate countries to produce their own anti-AIDS drugs, since they are so expensive to get from other countries. This was done in an attempt to neutralize the monopoly that developed countries have on this industry, but it has thus far not been successful. WTO member nations are constantly looking to outdo one another economically, which leads to many disputes between member nations. With this agreement, countries can produce patented material without permission if the circumstances are right. While this is a step in the right direction, many member countries still cannot afford to produce the vast amounts of medicine that is needed to end these health epidemics. Likewise, parallel importing has created a system where countries can shop around for the best prices on certain products and are not forced to purchase these products directly from the manufacturer. The international community should support one another in order to ensure that proper healthcare is available to all countries who have signed in to the WTO because only this will ensure the long term survival of the pact."

Sample of Sources Used:

"Compulsory Licenses". Examples of Health-Related Compulsory Licenses. CPTech. viewed 30 September 2006. http://www.cptech.org/ip/health/cl/recent-examples.html
Duckett, Margaret. "Compulsory Licensing and Parallel Importing. What do they mean? Will they improve access to essential drugs for people living with HIV/AIDS?". International Council of AIDS Service Organizations. July 1999. Viewed 1 October 2006. http://www.icaso.org/docs/compulsoryenglish.htm
Jackson, John H. Sovereignty, the WTO and Changing Fundamentals of International Law. New York: Cambridge University Press. 2006.
Jones, Kent. Who's Afraid of the WTO? New York: Oxford University Press. 2004.
Koul, A.K. Guide to the WTO and GATT: Economics, Law and Politics. Frederick, MD: Aspen Publishers. 2005.