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Global Dimensions of Intellectual Property Rights in Science and Technology (1993) / Chapter Skim
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7 Update on international Negotiations on Intellectual Property Rights
Pages 175-182

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From page 175...
... The GATT negotiations on TRIPS and discussions in who share similar objectives: the strengthened protection and improved enforcement of intellectual property rights via multilateral instruments. However, the overwhelming interest of the principal developed countries in a trade-based multilateral regime for intellectual property as part of the current GATT Uruguay Round, and the fact that the TRIPS negotiations are in their final stage have pushed the TRIPS negotiations to the fore.
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From page 176...
... In addition, it contains sections on basic principles, such as national and most favored nation treatment; internal and border measures that countries will have to implement to enforce the intellectual property rights covered in the agreement; and transitional and institutional arrangements. The following is a brief summary of the key provisions of the draft agreement as they affect technology-related intellectual property2: Copyright and Related Rights 1.
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From page 177...
... Patents 1. "Patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced." This provision would require the United States to do away with Section 104 of the Patent Act, which prohibits reference to acts of invention that take place outside the United States in determining the right to a patent, and would require Canada to end its compulsory licensing system for pharmaceutical products.
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From page 178...
... . If a least developed country requests an extension, the Council on Trade Related Aspects of Intellectual Property Rights, established by the TRIPS agreement to monitor the operation of and compliance under the agreement, "shall .
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From page 179...
... The wiPo patent law harmonization exercise seeks the development of a treaty that will simplify and expedite the obtainment of patent protection around the world and will strengthen that protection once granted. As opposed to the GATT TRIPS agreement, which contains minimum standards of protection and enforcement, the wipe patent law harmonization treaty sets forth a number of concrete provisions that will have the effect of harmonizing certain administrative and substantive laws and rules for obtaining and enforcing patents in adherent countries.
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From page 180...
... a speedier examination process in which the patent search must be completed within 18 months from filing, and examination completed within five years from filing; acceptance of patent applications that satisfy a minimum standard format; the filing of related inventions in a single application; the requirement for a reasonable breadth of interpretation to patent claims; and elimination of pre-grant opposition procedures. The patent law harmonization exercise is essentially viewed as a forum to resolve differences among the varying but relatively adequate systems of patent protection found in the developed countries.
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From page 181...
... Currently, no future meetings of the Committee of Experts have been scheduled. Settlement of Intellectual Property Disputes Between States In response to the criticism that the weakness of w~Po-administered treaties is in their lack of dispute resolution mechanisms, a Committee of Experts has held three meetings to discuss the outlines of a wiPo dispute settlement treaty.
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From page 182...
... There was also a wide divergence of opinion on whether the dispute settlement treaty should be limited to the enforcement of wiPoadministered treaties.
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Key Terms

  • harmonization treaty
  • patent law
  • trips negotiations
  • trademark law
  • trips agreement

  • gatt trips
  • dispute settlement
  • compulsory licensing
  • patent protection
  • patent applications

  • uruguay round
  • settlement treaty
  • trips text
  • gatt negotiations
  • trade related

  • related aspects
  • wipo patent
  • requires countries
  • special border
  • diplomatic conference

  • patent compulsory
  • world intellectual
  • patent harmonization
  • minimum standards
  • single application

  • harmonization exercise
  • border measures
  • undisclosed information
  • patent claims
  • text requires


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