(d) international intellectual property protection agreements that came into force prior to the ENTRY into force of the WTO agreement, provided that these agreements are notified to the Travel Council and do not constitute arbitrary or unjustified discrimination against nationals of other members. 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. Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date. In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of “promoting access to medicines for all”. Among these agreements, the ip rights trade (TRIPS) aspects are expected to have the greatest impact on the pharmaceutical sector and access to medicines. The TRIPS agreement has been in force since 1995 and is the most comprehensive multilateral IP agreement to date. The TRIPS agreement introduced global minimum standards for the protection and enforcement of almost all forms of intellectual property rights (IPRs), including patent rights. International agreements prior to TRIPS did not contain minimum patent standards.
At the time negotiations began, more than 40 countries around the world did not grant patent protection for pharmaceuticals. The TRIPS agreement now requires all WTO members, with a few exceptions, to adapt their legislation to minimum standards of intellectual property protection. In addition, the TRIPS agreement introduced detailed obligations to respect intellectual property rights. Since the TRIPS agreement came into force, it has been criticized by developing countries, scientists and non-governmental organizations. While some of this criticism is generally opposed to the WTO, many proponents of trade liberalization also view TRIPS policy as a bad policy. The effects of the concentration of WEALTH of TRIPS (money from people in developing countries for copyright and patent holders in industrialized countries) and the imposition of artificial shortages on citizens of countries that would otherwise have had weaker intellectual property laws are common bases for such criticisms. Other critics have focused on the inability of trips trips to accelerate the flow of investment and technology to low-income countries, a benefit that WTO members achieved prior to the creation of the agreement.