Patent Rights in the Pharmaceutical Area and their Enforcement英文电子书.pdf

Patent Rights in the Pharmaceutical Area and their Enforcement Experience in the WTOFramework with the Implementation of the TRIPSAgreement Matthijs GEUZE* I. INTRODUCTION The Agreement on Trade-Related Aspects of Intellectual Property Rights (TKIPSAgreement), which forms part of the Marrakesh Agreement Establishing the World Trade Organization (WTO) has now been in existence for three years.’ Transitional arrangements stipulated in the TIUPSAgreement regulate at which moment WTO Members are obliged to comply with its provisions. Some of these provisions apply from the outset, i.e. 1January 1995. These include the so-called “mailbox” and exclusive marketing rights provisions of Article 70.8 and 70.9 of the Agreement relating to inventions of pharmaceutical and agricultural chemical products. Other provisions apply since 1January 1996. Developed country Members of the WTO are under the obligation to comply fully with all provisions of the Agreement om that date. The Council for TKIPS,the WTO body responsible for overseeing the functioning of the TRIPSAgreement, is monitoring the operation of the Agreement, and in particular, Members’ compliance with their obligations thereunder, in accordance with Article 68 of the TRIPSAgreement. Much of the attention has focused on what countries have, or have not, done, to implement existing obligations under Article 70.8 and 70.9 concerning patent applications for * Counsellor, Intellectual Property and lnvestnicnt Division, World Trade Organization, Geneva, Sw