This paper provides some reflections on the review of the the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) required under Article 71.1.of the World Trade Organization.
It notes the need for a full review of the Agreement from a sustainable development standpoint, in line with the decision of WTO Members at the General Council Meeting of 7 February 2000, which provides that “The General Council also agreed
that mandated reviews should address the impact of the agreements concerned on the trade and development prospects of developing countries.” It suggests that the review should carefully examine the impact of implementing the TRIPS Agreement on developing countries, and ensure that intellectual property rights serve not merely the interests of private title-holders, but the broader interests of society to innovation, environmental protection, health, socio-economic and technological development, and to a balance of rights and obligations that is consistent with the WTO’s overarching objective – noted in the preamble to the WTO Agreement – of promoting sustainable development.