Intellectual Property Law Essay Example | Topics and Well Written Essays - 4250 words

Intellectual Property Law - Essay Example The TRIPS agreement carries more force than any other provisions established to promote equitable trade and commerce by the WTO, as it is a mandate whose provisions must be adhered to by all participating members of the WTO (Mercurio, 2004). The TRIPS agreement attempted to provide flexibility for member nations who might receive fewer benefits from the mandated patent rights stipulations; however, soon after its implementation it became apparent to many observers and participants alike that the provisions of the TRIPS agreement were more favourable to economically privileged nations than to member nations of the so-called third world (de Almeida, 1990). One of the most disheartening consequences of the TRIPS agreement was that it had the effect of limiting access to life saving drugs by poorer nations who could not afford the high cost of pharmaceuticals while under patent protection (Mercurio, 2004). This resulted in long delays (often years) between the development of new drugs to treat disease endemic to poorer nations such as HIV-AIDS and their availability in these countries (Abbott, 2005). In its attempt to level the playing field, so to speak, and offer all WHO member nations the same rights of protection for inventions, novel technologies and processes, the TRIPS agreement overlooked the basic fact that member nations of the WHO are not a level playing field, but have individual economic bases that would be unequally served by the implementation of this protective mandate (Ewelukwa, 2005).