Новые международные стандарты защиты интеллектуальной собственности (TRIPS+)

The emergence of TRIPS-plus standards in international intellectual property (IP) law represents a critical evolution in the way IP rights are negotiated and enforced globally. These standards, which extend beyond the minimum requirements set by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), are increasingly incorporated into bilateral and regional trade agreements, shaping policies in ways that have profound implications for global equity, public health, and economic development. This thesis examines the implications of TRIPS-plus provisions, focusing on their impact on access to medicines, agricultural practices, and the broader socio-economic landscape, particularly in developing countries. It explores how these enhanced IP protections favor the interests of multinational corporations by extending patent terms, broadening the scope of patentable subject matter, and introducing stringent enforcement mechanisms. These measures often restrict access to affordable medicines and essential technologies, thereby affecting public health and local industries' capacity to innovate. The analysis highlights the power imbalances in global IP negotiations, where developed countries leverage their economic and political influence to set standards that serve their commercial interests, often at the expense of broader developmental goals of poorer nations. The thesis argues for a more balanced approach in international IP law that respects the diverse economic landscapes and developmental needs of all countries involved. It underscores the importance of maintaining TRIPS flexibilities, which are crucial for ensuring access to affordable healthcare and supporting local innovation. Through a detailed examination of specific TRIPS-plus provisions — such as extended patent term protection, broader patentable subject matter, data exclusivity, enhanced enforcement measures, and restrictions on parallel importing — the thesis illustrates the tangible implications of these standards on everyday lives, particularly in sectors critical to human welfare like healthcare.