Free Trade Agreements Intellectual Property

Finally, the integration of intellectual property within the FRAMEWORK of the GATT was achieved by putting this theme on the agenda of the Ministerial Conference which, in September 1986 in Punta del Este, Uruguay, launched the Uruguay Round of Multilateral Trade Negotiations. [10] The most important outcome of the Uruguay Round negotiations was the birth and creation of the WTO and, therefore, Annex 1C of this multilateral trading system called trips (Trade-Related Aspects of Intellectual Property Rights). Congress` interest in free trade agreements as an instrument for promoting U.S. intellectual property interests is fueled by a number of objectives. These include combating a high level of piracy abroad, supporting national research and development-based industries and creating a more favourable trade balance. While free trade ACCORDS are seen as an effective mechanism to achieve these objectives, concerns have arised, both in terms of fairness and their implications for U.S. commitments to other trading partners and their effects on planned changes in domestic law. The magnitude of these potential consequences continues to advise Congress` attention on the free trade agreements that the United States has already put in place, as well as on the free trade agreements planned for the future. (a) arising from international agreements on mutual legal assistance or general criminal prosecutions and which are not particularly limited to the protection of intellectual property; In addition, the different national laws that define intellectual property rights often differ on important points. Factors such as vulnerable works, the extent of rights and the duration of protection are among the factors that can vary considerably from one legal order to another.42 In the absence of a certain obligation, a given nation is not required to grant intellectual property rights similar to those of the United States, or even to legislate such laws.43 Some commentators believe that the TRIPS agreement has resulted in significant transfers of wealth from poor countries to industrialized countries, and in particular to the United States83.83 Others have argued that the introduction of strong protection of intellectual property rights in developing countries restricts sustainable development and maintains its dependence on developed nations84.

patents on medicines. Congress` interest in intellectual property laws, including patents, copyrights and trademarks, is reflected in recent free trade agreements to which the United States belonged. Congress stated in the Bipartisan Trade Promotion Act of 20021 that one of the general objectives of negotiating these agreements is to encourage our contracting parties to accept “a standard of intellectual property protection, which is the one that is in place in U.S. law.” 2 In accordance with this mandate, the United States has concluded numerous free trade agreements that have asked its signatories to comply with established standards for intellectual property protection3.