Unlike other IP agreements, TRIPS have an effective enforcement mechanism. States can be disciplined by the WTO dispute settlement mechanism. The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is an agreement of international law between all World Trade Organization (WTO) member states. It sets minimum standards for the regulation of different forms of intellectual property by national governments, as is the case for nationals of other WTO member states.  The TRIPS agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is managed by the WTO. An agreement reached in 2003 relaxed domestic market requirements and allows developing countries to export to other countries with a public health problem as long as exported drugs are not part of a trade or industrial policy.  Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. Data exclusivity and other provisions on TRIPS more are often encouraged under free trade agreements between developed and developing countries. Despite the Doha Declaration, many developing countries have been under pressure in recent years to adopt or implement even stricter or more restrictive conditions in their patent laws than those under the TRIPS agreement – these provisions are called “TRIPS plus.” Countries are not required to do so under international law, but many countries, such as Brazil, China or Central America, have had no choice but to adopt them under trade agreements with the United States or the European Union. These have disastrous effects on access to medicines. 1. Members agreed to engage in negotiations to strengthen the protection of the various geographical indications in accordance with Article 23.
Paragraphs 4 to 8 below cannot be used by a member to refuse to negotiate or conclude bilateral or multilateral agreements. As part of these negotiations, members are prepared to consider the subsequent applicability of these provisions to the individual geographical indications whose use has been the subject of these negotiations. Trips-plus conditions, which impose standards beyond TRIPS, have also been verified.  These free trade agreements contain conditions that limit the ability of governments to introduce competition for generic drug manufacturers. In particular, the United States has been criticized for promoting protection far beyond the standards prescribed by the TRIPS. The U.S. free trade agreements with Australia, Morocco and Bahrain have expanded patentability by making patents available for new uses of known products.  The TRIPS agreement authorizes the granting of compulsory licences at the discretion of a country.