concluded by noting that a modern patent system helps promote the rapid innovation, development, and commercialization of effective and safe drug therapies and that sound public health policy and intellectual property protection are mutually supportive.
Implementation of the WTO TRIPS Agreement
One of the most significant achievements of the Uruguay Round was negotiation of the TRIPS Agreement, which requires all WTO Members to provide certain minimum standards of protection for patents, copyrights, trademarks, trade secrets, and other forms of intellectual property. The Agreement also requires countries to provide effective enforcement of these rights. In addition, the TRIPS Agreement is the first broadly-subscribed multilateral intellectual property agreement that is enforceable between governments, allowing them to resolve disputes through the WTO's dispute settlement mechanism.
While developed countries are already required to fully implement TRIPS, developing countries were given a five year transition period -- until January 1, 2000 -- to implement most of the Agreement's provisions. Ensuring that developing countries are in full compliance with the Agreement now that this transition period has come to an end is one of this Administration's highest priorities with respect to intellectual property rights. With respect to least developed developing countries, and with respect to the protection of pharmaceuticals and agriculture chemicals in certain developing countries, an even longer transition was provided.
Substantial progress has been made over the past year by developing countries toward full implementation of their TRIPS obligations. The United States has worked diligently to assist countries in meeting this goal through consultations and bilateral technical assistance.
Nevertheless, a review of developing country implementation, launched last December, has revealed that a number of countries are still in the process of finalizing implementing legislation. The United States will continue to work with such countries and expects further progress in the very near future to complete this process. However, in those instances where additional progress is not likely in the near term, or where the United States has been unable to resolve concerns through bilateral consultation, we are pursuing our rights through WTO dispute settlement proceedings.
Ambassador Barshefsky stated that she is today announcing initiation of dispute settlement proceedings to address significant deficiencies in Argentina's patent regime. USTR also is initiating consultations with Brazil to address a longstanding difference between our two governments with respect to a narrow aspect of Brazil's patent regime.
The United States has had longstanding concerns with Argentina's implementation of its obligations in the area of intellectual property protection, including for pharmaceuticals and agricultural chemicals. In fact, at this time last year the United States invoked its WTO rights because of Argentina's failure to comply with its TRIPS Agreement obligations which came into
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