Our Special Information Letter of December 21, 1994 noted the steps to be taken to implement the GATT-TRIPS Agreement in the United States and commented briefly on the actions being taken in other countries. Legislation is pending in many countries for implementation of the requirements of this Agreement. Changes already enacted in New Zealand are discussed elsewhere in these pages. Australia has extended the terms of all patents still in force on July 1, 1995, or filed after that date, to 20 years from filing and legislation is pending to provide owners of copyright in sound recordings rights in respect of renal of copies of such recordings and computer programs to comply with the GATT-TRIPS Agreement. As matters develop in respect of these general revisions of laws, we will include details in subsequent Information Letters. However, for most provisions of the Agreement, countries have until January 1, 1996 or later to put appropriate legislation into effect and so most developments of this nature have yet to come about.

One notable feature of the GATT-TRIPS Agreement which has already come into effect is the provision requiring those countries that have not previously provided patent protection for pharmaceutical products or agri-chemical products to start accepting such applications as of January 1, 1995, even though the actual grant of patents on such applications may be delayed for five or ten years depending upon the status of economic development in the country in question. Such applications are colloquially referred to as "black box" applications since once filed no action will be taken on them for several years. We have now been advised that "black box" applications are being accepted in the following countries:


The obligation to permit such applications seems to be accepted in Brazil and Egypt but it is not clear what the effect of filing such an application may be since the Patent Offices have not yet adopted specific regulations to deal with applications relating to pharmaceutical or agri-chemical products.