知的財産権: オープンアクセス

概要

TRIPS and Article 27.1

Shreya Mazumdar*

The member countries of WTO have to abide by the rule of TRIPs which all the member state does as it is mandatory. But the TRIPs criteria are too strict to be implemented by all the member states equally. Thus there are exceptions, over compliance, textual silence and flexibilities provided by the TRIPs agreement for the countries to frame their national laws as per the need of its society but in compliance with TRIPs. Therefore it is the choice laid on the country to abide by the TRIPs strictly or have a lenient implementation of it. When it come to the interpretation of the term “inventive step” TRIPS provides a flexibility by not define the term. It is left on the various countries to interpret the terms according to its convenience. The World Trade Organization (WTO) Trade Related Aspects of Intellectual Property Rights Agreement has set out a minimum standard in order to protect intellectual property which included patent for pharmaceuticals has been criticized by various countries because it resulted in the increase level of patent protection on drug prices. The TRIPS Agreement has become an important tool in order to standardize the protection of pharmaceuticals in the world and this is actively sought by government of developed countries and also by big pharmaceutical companies. The Agreement consists of various IPR issues in a manner that no international convention had dealt with previously including both substantive and enforcement rules in some area with considerable detail. The article is an effort to search for a concrete guideline when it comes to interpretation of “inventive steps” and focusing on different countries implementing it.