Chapter 15
The TRIPS Agreement and GenericProduction of HIV/AIDS Drugs
Like the traditional patent system, the TRIPS rules on patents are founded on the ‘quid pro quo’ principle. While providing inventors/owners of patents with the exclusive right to exploit the invention for a fixed term with statutory protection to support it, TRIPS also seeks to promote scientific and technological research and development (see Articles 7 and 8). In return for the patent grant, the owner is obliged to disclose the invention to enrich the pool of technical knowledge, and also to use the invention, or to permit the government/third parties to do so (see Article 31). The patent holder is also expected to help in meeting the demands of the ...
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