Amending the Agreement on TRIPS

By Rocío Lubián

The Paraguayan Senate is currently considering the approval of a protocol amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) that was adopted by the members of the World Trade Organization (WTO) and signed by Paraguay on December 6, 2005 in the city of Geneva, Switzerland.

The object of the Protocol being studied is to allow the permanence of the flexibility which has been established by a temporary decision on patents and public health. The aforementioned flexibility lies in the exportation of pharmaceutical products manufactured under compulsory licenses to countries that lack manufacturing capacity.

This authorization may ease the flow of pharmaceuticals to poor countries in cases of epidemics or diseases that the government must fight against. The draft law is expected to be approved given the importance of incorporating this protocol as Paraguayan legislation. The protocol will allow Paraguayan authorities to apply the law while maintaing the balance between intellectual property rights and public health.