An assessment of the Agreement on Trade-Related Aspects of Intellectual Property Rights: five years later

• Autor(a) principal: Barbieri, José Carlos
• Data de Publicação: 2001
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Administração Pública
• Texto Completo: https://periodicos.fgv.br/rap/article/view/6385
• topic: propriedade intelectual; propriedade industrial; patentes de invenção; Gatt; Organização Mundial do Comércio; Trips; patentes farmacêuticas; Convenção da Biodiversidade.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (Trips) is one of the results of the Uruguay Round of Multilateral Trade Negotiations, which created the World Trade Organization (WTO). Trips establishes new protection rules for intellectual property rights within the multilateral trade system. It renders a more effective protection of those rights and puts them in tune with the trade rules administrated by WTO. Trips came into effect in 1995 and most of the countries have totally or partially incorporated its regulations. It has been only five years, and WTO is overwhelmed by disputes involving the application of Trips, most of them in the pharmaceutical, agrochemical, biotechnological, and related areas. This paper analyzes the incorporation of Trips to the Brazilian legislation on patents, emphasizing the pharmaceutical and biotechnological areas. There is a growing feeling that the agreement was detrimental to developing countries and that it can jeopardize the Biodiversity Agreement, of interest to a country such as Brazil.