An Introduction to TRIPS

ACCESS TO MEDICINE IN THE GLOBAL ECONOMY: INTERNATIONAL AGREEMENTS ON PATENTS AND RELATED RIGHTS, Oxford University Press, 2011

Loyola University Chicago School of Law Research Paper No. 2011-021

37 Pages Posted: 15 Aug 2011

See all articles by Cynthia M. Ho

Cynthia M. Ho

Loyola University of Chicago School of Law

Abstract

This chapter provides a brief overview of TRIPS, with emphasis on provisions that impact patented and generic drugs. In particular, this chapter discusses what TRIPS requires in terms of what must be patented, the scope of patent rights, and how patent rights are enforced for WTO member countries. In addition, this chapter discusses the TRIPS requirement to protect some clinical data. This chapter aims to provide a fundamental overview that will serve as a foundation for chapters focused on flexibilities under TRIPS, compulsory licenses, TRIPS-Plus standards, and regulatory protection of drugs.

Keywords: TRIPS, WTO, patentability, patent rights, patent term, data protection

JEL Classification: F13, F20, K11, K19, K20, K29, K33, L52, O34

Suggested Citation

Ho, Cynthia M., An Introduction to TRIPS. ACCESS TO MEDICINE IN THE GLOBAL ECONOMY: INTERNATIONAL AGREEMENTS ON PATENTS AND RELATED RIGHTS, Oxford University Press, 2011; Loyola University Chicago School of Law Research Paper No. 2011-021. Available at SSRN: https://ssrn.com/abstract=1909320

Cynthia M. Ho (Contact Author)

Loyola University of Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

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