Trips Agreement And Sri Lanka

Reaffirming the General Council`s decision of 7-8 February 2000 (WT/GC/M/53) that the review of the TRIPS Agreement should be carried out, among other things, on the impact of the Agreement on the trade and development prospects of developing countries, Summary: The TRIPS agreement has given all countries some flexibility in the choice of methods and techniques for protecting plant varieties and traditional knowledge of farmers. As a result, most developed countries have well-constructed IP systems in place, with strong patent systems and breeder rights. The main reason developed countries choose protection patents is their technological capabilities and the enormous financial benefits that a patent system should bring. While developing countries do not have financial and technical support. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. The petitioners therefore argue that these provisions are contrary to Article 12, paragraph 1 of the Constitution. In support of this statement, the petitioners drew our attention to the World Health Organization`s (WHO) report on the “TRIPS and Health Section in the Southeast Asia Region,” which outlines the consequences of compliance with the TRIPS agreement on the health of populations in South and East Asian countries, including Sri Lanka. 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. [10] Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. Attorney General qualified not to accept the proposed amendments to this Act to be consistent with the provisions of the Constitution. Nor did he agree to consider including proposed clauses, contained in an earlier draft, that were removed from the immediate bill. Trips-plus conditions, which impose standards beyond TRIPS, have also been verified.

[38] These free trade agreements contain conditions that limit the ability of governments to introduce competition for generic drug manufacturers.

CategoríasSin categoría