Cynthia M. Ho
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195390124
- eISBN:
- 9780199894536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390124.003.0004
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter provides a brief overview of TRIPS, with emphasis on provisions that impact patented and generic drugs. In particular, it discusses what TRIPS requires in terms of what must be patented, ...
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This chapter provides a brief overview of TRIPS, with emphasis on provisions that impact patented and generic drugs. In particular, it discusses what TRIPS requires in terms of what must be patented, the scope of patent rights, and how patent rights are enforced for WTO member countries. In addition, it discusses the TRIPS requirement to protect some clinical data. This chapter answers some key questions, such as the following: Does TRIPS establish uniform patent standards? Do all WTO member countries need to provide patents on drugs? Does TRIPS prevent generic companies from relying on data of other companies in seeking regulatory approval? What happens if a WTO member country violates TRIPS?Less
This chapter provides a brief overview of TRIPS, with emphasis on provisions that impact patented and generic drugs. In particular, it discusses what TRIPS requires in terms of what must be patented, the scope of patent rights, and how patent rights are enforced for WTO member countries. In addition, it discusses the TRIPS requirement to protect some clinical data. This chapter answers some key questions, such as the following: Does TRIPS establish uniform patent standards? Do all WTO member countries need to provide patents on drugs? Does TRIPS prevent generic companies from relying on data of other companies in seeking regulatory approval? What happens if a WTO member country violates TRIPS?
