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Is TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health

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Chapter Summary

Industrialized countries can contribute to take up health sector challenges by contributing to the maintenance and development of an efficient, balanced framework which stimulates innovation (including the IP and marketing approval legal systems). The international community has tried to deal with the relationship between innovation and health for the last 20 years, starting with the inclusion of two specific provisions in the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in 1995. The TRIPS agreement has been considered as a modern instrument in order to attract and protect investments in innovative products and processes. In some cases however, and in particular where no market is available for innovative products or processes, it has been recognized that the intellectual property system, including TRIPS, has failed to provide the necessary stimulation for innovation.

Keywords: framework; health; innovation; Innovative; international community; IP; Reconcile IP; TRIPS; World Trade Organization (WTO)



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