These audits are essential for the TRIPS Council to monitor what is happening under the agreement. Each country must ensure that its laws comply with the obligations of the agreement, in accordance with the timetable set out in the agreement. Most of them must legislate to implement the obligations. When a patent is granted for invention of the procedure, the rights must extend to the product obtained directly from the procedure. Under certain conditions, a court may require a court to prove that they did not use the patented process. Specifically, if, on the date of the ON TRIPS agreement (January 1, 1995), a developing country did not deny product protection in a given technological field, it has up to ten years (until 1 January 2005) to implement protection (Article 65.4). However, members may choose to implement laws that offer broader protection than the agreement provides, provided that the additional protection is not contrary to the provisions of the agreement. Under the ON TRIPS agreement, WTO members have considerable flexibility to meet their needs and achieve public policy objectives in their approaches to intellectual property protection and enforcement. The agreement provides members with enough room to balance the long-term benefits of innovation incentives with the potential short-term costs of limiting access to mind creations. Members can reduce short-term costs through various mechanisms authorized by TRIPS rules, such as. B exclusion or exclusion of intellectual property rights. And if there are trade disputes over the application of the TRIPS agreement, the WTO dispute settlement system is available. Article 63.2 of the ON TRIPS agreement stipulates that members must disclose laws and regulations relating to the purpose of the agreement (availability, scope, acquisition, enforcement and prevention of abuse of intellectual property rights).
He is particularly concerned about the study of the massive impact of the agreement on developing countries. These relate to the future of local research and development, their access to advanced technology, the commercial exploitation of its natural resources and the effects of well-being. Pressure on Third World governments to transpose the agreement through national legislation is intensifying and this book draws on the experience of Latin America and the Caribbean to highlight the many implementation problems that have arisen. Professor Carlos M Correa is Director of The Master of Science and Technology Management at the University of Buenos Aires. Originally trained as both a lawyer and an economist, he specialized in technology and intellectual property rights.