Compatibility with MFN and National Treatment
It has been said in various post of this webpage that the TRIPS PLUS ULTRA proposal relies on the current system. Being the TRIPS Agreement a WTO instrument, it also embodies the principles of National-Treatment and Most-Favuored Nation. For the TRIPS PLUS ULTRA to be plausible, it must be in compliance with this two principles, as it is. It is a pragmatic proposal.
- What is National-Treatment and MFN.
“National-Treatment allows each person in each country to benefit if not of a uniform protection, of an equal protection. National-Treatment means that each signatory country shall grant to inhabitants of other countries a treatment no less favorable than that granted to their inhabitants. The principle of Most-Favoured-Nation (MFN) states that any advantage, favor, privilege, or immunity granted by a member country to residents of another country will be granted immediately and unconditionally to the citizens of all other member countries. In these pillars the foundation of a worldwide harmonized legislation are also established.[1]” [1] Only regarding multilateral agreements pertaining the acquisition and maintenance of rights made under the auspices of WIPO, the principles of National-Treatment and Most-Favoured-Nation will not apply.” (Taken from “A global solution for the protection of inventions”, pp. 79)
2. How is the TRIPS PLUS ULTRA proposal compatible with this principles.
“[T]he proposal contained in this publication is in absolute communion with the principles of National-Treatment and Most-Favoured-Nation previously mentioned. If proportionality (as proposed in this book) was to be introduced, no country will grant any additional advantage to their citizens or to citizens of other countries. Thus, the compliance with the previously mentioned principles is met with this proposal. The privileges granted by a patent may have different periods of duration in different counties, changing in relation to the economic capacity of each country. (Periods now actually vary among countries.) The term of protection granted by a patent in a specific country (different from those of other countries) will be identical for all patent holders regardless of the nationality of the holder without violation of the principles of National-Treatment and Most-Favoured-Nation. The correction proposed in this study is consistent with these two principles. Thus, its insertion into the current global regime for protection of inventions is plausible.” (Taken from “A global solution for the protection of inventions”, pp. 80-81)