The WTO TRIPS Agreement - WIPO - World …：WTO的TRIPS协议WIPO世界….ppt

Durban, South Africa January 29 to 31, 2013 Topic 6: Flexibilities Related to the Definition of Patentable Subject Matter Regional Seminar for Certain African Countries on the Implementation and Use of Several Patent-Related Flexibilities REPUBLIC OF SOUTH AFRICA Flexibilities Related to the Definition of Patentable Inventions – the TRIPS Agreement Thu-Lang TRAN WASESCHA Counsellor, Intellectual Property Division WTO Secretariat Tran Wasescha- January 2013 WIPO-DTI Regional Seminar for Certain African Countries on the Implementation and Use of Several Patent-Related Flexibilities Durban, South Africa, 29-31 January 2013 Outline The WTO The TRIPS (Trade-Related Aspects of Intellectual Property Rights) Balance of interests Negotiations, ?acquis? Implementation Future and challenges The WTO in a nutshell 158 Members, last being Laos. More than 96 of trade in goods and services (together) Multidisciplinary ?complex mechanism of negotiations, trade-offs across the board Member-driven methodology, consensus rule. “Single undertaking” “nothing is agreed until everything is agreed” Pluri-lateral avenue, e.g. Government Procurement Agreement Dispute settlement system and sanctions TRIPS – balance of interests Paris, Berne Conventions. Balance of interests already carefully negotiated. Incorporation of WIPO’s basic conventions TRIPS: Plus certain elements or re-affirmations or clarifications Balance of interests ? negotiation of flexibilities, e.g. exhaustion of rights, patentability “Flexibilities” and “constructive ambiguity” * The IP planet Paris IPIC Rome Paris Berne IPIC Rome FTAs (bilateral or regional) TRIPS WIPO treaties, etc. National laws Regional legislation EU, OAPI, ARIPO, EPC, etc. * Minimum level of protection! Subject to transitional arrangements for certain Members Freedom to go beyond this level: national laws (CH, US, Japan, Korea, etc. ), regional laws (EU), bilateral and regional agreements, e.g. Free Trade Agreements, WIPO treaties Shall