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Lit. A

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Chapter Summary

Art. 27.1 indicates that the TRIPS Agreement demands as a minimum standard the protection of products and processes subject to the provisions in Arts 27.2 and 3. Art. 27.3 provides for exceptions which are of considerable importance to the medical care of the population and to the access to foodstuffs. The current formulation of Art. 27.3 lit. a has its origin in the Patent Cooperation Treaty (PCT). In accordance with Art. 27.1, sentence 2,6 patents for inventions should be available in all fields of technology. This principle is restricted by Art. 27.3 lit. a in that it gives Members the option to exclude from patentability diagnostic, therapeutic and surgical methods for the treatment of humans and animals.

Keywords: Art. 27.3 lit. a; foodstuffs; Patent Cooperation Treaty (PCT); population; TRIPS Agreement



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