Patents provide the patent holder with the legal means to prevent others from making, using or selling the new invention for a limited period of time, subject to a series of exceptions. Patents are not marketing authorizations. The purpose of this note is to describe the provisions of the agreement on trade-related aspects of intellectual property rights (members), which relate to patent protection standards for pharmaceutical inventions. Despite the proposals to the contrary, the ON TRIPS agreement did not provide that pharmaceutical inventions in preparation in these countries at the time of WTO entry into force would be protected. (3) However, with effect as of 1 January 1995, developing and least developed countries that have not yet provided patent protection for medicines are required to provide a patent filing system for pharmaceutical inventions (often referred to as mailbox systems). These applications had to be considered for developing countries only after 1 January 2005 and should not be considered until 1 January 2016 for least developed countries. If it turns out that it can be patentable from the filing date (or priority period), a patent should be issued for the remainder of the filing period from the filing date. Third, members may exclude plants and animals other than microorganisms and, for the most part, biological processes for producing non-biological and microbiological plants or animals. However, any country that excludes plant varieties from patent protection must offer an effective sui generis protection system.
In addition, the entire provision is reviewed four years after the agreement enters into force (Article 27.3 b). It should also be recognized that the protection of pharmaceutical inventions was one aspect of a much broader agreement, which includes not only the protection of intellectual property in general in a coherent and non-discriminatory manner, but also the further liberalisation and strengthening of the multilateral trading system as a whole. It is true that some countries attach particular importance to trips themes during the Uruguay Round negotiations, but it is true that other countries have placed great importance on other areas, such as. B textiles and agriculture.