TRIPS, TRIPS Plus and the Patent Bargain

TRIPS, TRIPS Plus and the Patent Bargain
Christopher Heath, Boards of Appeal, European Patent Office Munich

The introduction of minimum standards and the reduction of flexibilities in patent policy was arguably the most controversial issue in the TRIPS negotiations. Although some dispute settlement proceedings focussed on issues of legal construction (e.g.stockpiling), most of the patent discussion took place in the political arena (allow-ability of parallel imports; possibility of discrimination against foreign production;compulsory licensing; inventive step requirements for pharmaceuticals). The Doha Declaration somewhat eased these political tensions. Against this background, the presentation will look at whether the future of the patent system will continue on a technology-driven autopilot or whether societal interests (Articles 7, 8) will play a greater role in interpreting the system of patent rights and/or how technological developments such as AI will require changes to the system. Further, to what extent recent free-trade agreements have led to a new standard of international patent protection.