Developing countries that are not the least developed countries had to apply the membership provisions until 1 January 2000. In 2000 and 2001, the TRIPS Council reviewed the legislation of the following members whose transitional periods expired on 31 December 1999: the TRIPS Council includes all WTO members. It is responsible for monitoring the functioning of the agreement and, in particular, how members fulfil their obligations under this agreement. In addition, members who wish to take advantage of certain options authorized under the agreement must inform the Council. According to the WTO 10th Anniversary, highlights of the first decade, 2005 Annual Report, page 142[21], twenty-five complaints were filed in the first ten years, resulting in reports from working groups and reports from appeals agencies on TRIPS. ... all categories of intellectual property that are the subject of Sections 1 to 7 of Part II of the Agreement (Article 1: 2). These include copyright and neighbouring rights, trademarks, geographical indications, industrial designs, patents, integrated circuit designs and the protection of undisclosed information. All members, including those benefiting from longer transitional periods, had to comply, from 1 January 1996, with the obligations of mobilization (equal treatment of foreign and domestic persons and enterprises, Article 3) and of the most favoured nation (non-discrimination between foreign persons and companies, Article 4). Article 63.2 of the ON TRIPS agreement stipulates that members must disclose laws and regulations relating to the purpose of the agreement (availability, scope, acquisition, enforcement and prevention of abuse of intellectual property rights). Trips-plus conditions, which impose standards beyond TRIPS, have also been verified. [38] 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. [39] The TRIPS agreement authorizes the granting of compulsory licences at the discretion of a country.

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