The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain. The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. In particular, the TRIPS requires WTO members to grant intellectual property rights to authors and other copyright holders as well as to neighbouring rights holders, i.e. performers, phonograms and broadcasters; Geographical indications Industrial designs; Built-in switching designs Patents New plant varieties Brands; Trade names and undisclosed or confidential information. TRIPS also defines enforcement procedures, remedies and dispute resolution procedures. The protection and enforcement of all intellectual property rights must be consistent with the objectives that contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual benefit of producers and users of technological knowledge, and in a way that promotes social and economic well-being, and a balance of rights and obligations. An agreement reached in 2003 relaxed domestic market requirements and allows developing countries to export to other countries with a public health problem as long as exported drugs are not part of a trade or industrial policy. [10] Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. Trips-plus conditions, which impose standards beyond TRIPS, have also been verified.

[38] These free trade agreements contain conditions that limit the ability of governments to introduce competition for generic drug manufacturers. In particular, the United States has been criticized for promoting protection far beyond the standards prescribed by the TRIPS. The U.S. free trade agreements with Australia, Morocco and Bahrain have expanded patentability by making patents available for new uses of known products. [39] The TRIPS agreement authorizes the granting of compulsory licences at the discretion of a country. The terms of trips plus in the U.S. Free Trade Agreement with Australia, Jordan, Singapore and Vietnam have limited the application of mandatory licences to emergencies, remedies for cartels and abuse of dominance, and cases of non-commercial public use. [39] The TRIPS agreement introduced intellectual property rights into the multilateral trading system for the first time and remains the largest multilateral agreement on intellectual property 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”. The WTO TRIPS Council oversees the implementation of the Trade-Related Intellectual Property Rights Agreement (TRIPS), provides a forum in which WTO members can consult intellectual property and assumes the specific tasks entrusted to the Council in the membership agreement.