Since then, the practical impact of TRIPS and its flexibility on access to medicines, both within the business community and among public health experts, civil society groups and intergovernmental agencies, have continued to be the subject of intense debate. In particular, a high-level body on access to medicines, convened in 2016 by a high-level body on access to medicines, convened by the UN Secretary-General, openly criticised the negative effects of the “TRIPS plus” provisions contained in regional trade agreements and found that “significant protection of patents and test data for health technologies exceeding minimum standards [of TRIPS] can impede access to health technologies.” As you know, this has been a sensitive point in the negotiations on the agreement, formerly known as the Trans-Pacific Partnership, with the United States being the main proponent of this type of protection. Many of them were then suspended by the other countries participating in the agreement after the withdrawal of the United States. Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1). Member States may adopt appropriate measures under the other provisions of the agreement to prevent or control abusive and anti-competitive intellectual property licensing practices (paragraph 2). The agreement provides a mechanism by which a country intending to take action against such practices involving companies from another Member State will consult with that other Member State and exchange non-confidential information relevant to the public for the issue in question and other information available to that member, subject to domestic law and the conclusion of satisfactory agreements for both parties regarding compliance with its confidentiality by the member. applicant member (paragraph 3). Similarly, a country whose companies in another Member State are subject to such measures may engage in consultations with that member (point 4). Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. Basic introduction to the DG Intellectual Property Agreement (TRIPS) From the WTO agreement, a written introduction to the WTO for non-specialists.
The obligations under Articles 3 and 4 do not apply to procedures under WIPO-led multilateral agreements on the acquisition or maintenance of intellectual property rights. An agreement reached in 2003 relaxed domestic market requirements and allows developing countries to export to other countries with a public health problem as long as exported drugs are not part of a trade or industrial policy.  Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order.