This is a proposal that is: – going to change Article 33 of the TRIPS Agreement

Article 33 of the TRIPS Agreement of the World Trade Organization (WTO) (the agreement that sets the global standard) provides in its pertinent part: “The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date.” We want to change this to generate a more just, efficient, and effective system.

As explained through this work, the proposed change fits well with the agreement´s structure: “In the hypothetical system proposed, any holder of a patent shall have the same term of protection worldwide as any other holder of a patent in a subscribing country, regardless of their nationality or the field of technology of the invention. Thus, this proposal is in strict compliance with the theories of National-Treatment and Most-Favored-Nation principles of the WTO. However, the duration of their rights will vary from country to country, according to the economic capacity of each country.”  (Text modified with the authorization of the author, from “A global solution for the protection of inventions”, pages 82-83). This would generate flexibility with regard to the term of exclusivity, but more importantly it would generate the necessary flexibility that many have long wished for the system, thereby potentially bringing balance to it. This flexibility could bring more agreements around it in a cooperative fashion.

Remember, this proposal will achieve a system that is:

• Okay with those academics that believe in IP.
• Okay with those academics that don´t believe in IP
• Going to realign international positions.
• Good for consumers, overall.
• Convenient for producers.
• Convenient for the developed world.
• Convenient for developing countries.