IPAG is a project of the ”Universities of Austria”, funded by the National Contact Point for Intellectual Property (ncp.ip) of the Federal Ministry of Science and Research (BMWF), the Federal Ministry of Economic Affairs, Family and Youth (BMWFJ), the Federal Ministry of Transport, Innovation and Technology. Austrian universities and companies have jointly developed these model agreements to enable effective transfer of knowledge and technology. ”The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) does not lead to any further assessment of patentability. In addition to the question of the form in which the TRIPS Agreement is applicable, directly or indirectly […], the use of Article 27. (1) of the TRIPS Agreement would not lead to more extensive protection in the present case. With the wording contained therein, according to which patents for inventions should be available in all fields of technology, basically, only the dominant opinion in German patent law is confirmed, according to which the concept of technology is the only useful criterion for the demarcation of inventions from other intellectual achievements, so that technicality is a prerequisite for patentability (in the decision of the BGH ”Logical verification” is at in this respect the Reference to `subsequent confirmation` of case-law by the provision of Article 27(1) of the TRIPS Agreement). The exclusion of § 1 sec. 2 no. 3 and paragraph 3 of the PatG cannot be regarded as contradictory to Article 27(1) of the TRIPS Agreement in view of the fact that it is based on the idea that those elements are not technical in nature. [9] IPAG recommends the following model agreements that can be used at different stages of technology research and commercialization transactions. These agreements are available in English and German.
These include dispute settlement clause options referring to WIPO mediation and WIPO expedited arbitration. Please read the legal disclaimer at www.ipag.at/projekt/download before using the IPAG model agreements. On the other hand, it is argued that one should not overlook the fact that the majority of medicines are not (anymore) patented, and that these non-patented medicines are not sufficiently available throughout Africa for various reasons. One of the reasons is the lack of infrastructure in many African countries. Another problem is widespread corruption; even drugs available at low prices do not necessarily reach patients in so-called developing countries, but are rather exported. Under market economy conditions, investment in research and development by private companies can only be expected if the costs can be covered and the profits generated. [8] ”Article 27 (Patentable Subject Matter) 1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any invention, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and can be applied industrially.
Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents are available and patent rights may be exercised without discrimination as to the place of invention, the field of technology and whether the products are imported or produced locally. The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco, on April 15, 1994. After the Uruguay Round, GATT became the basis of the WTO. Since ratification of the TRIPS Agreement is mandatory for WTO membership, any State wishing to access the markets of WTO Members must transpose the very strict intellectual property rules of the TRIPS Agreement into national law. The provisions of the TRIPS Agreement in the field of copyright refer to the Berne Convention for the Protection of Literary and Artistic Works as amended by the Stockholm Revision Conference in 1971. . .