Free trade agreements and TRIPS-plus measures
by Francisco Rossi
International Journal of Intellectual Property Management (IJIPM), Vol. 1, No. 1/2, 2006

Abstract: This paper examines the intellectual property clauses incorporated into recent bilateral and regional free trade agreements, particularly those signed by the USA with developing countries, and their implications for public health. The TRIPS-Plus provisions in these agreements are highlighted. These provisions are intended to put restrictions on the use of international non-proprietary names (INN), to extend patent duration beyond 20 years, to protect data of safety and efficacy with product exclusivity in the market, and finally to link patents to health registration. All these measures strengthen IP holders' rights, increasing the prices of new drugs and limiting room for public health authorities to provide necessary drugs to the population.

Online publication date: Tue, 03-Oct-2006

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