TRIPS Agreement

The TRIPS Agreement is a multilateral treaty concluded by the members of the World Trade Organization (WTO). It deals with the trade related aspects of intellectual property rights (TRIPS).

Definition

The treaty harmonises intellectual property rules internationally. To that end, it sets minimum standards of protection and enforcement of rights in all WTO member countries. It thus covers a wide range of subjects: patents, trade marks, industrial designs, geographical indications, copyright and related rights.

History

The states negotiated the agreement in the framework of the Uruguay Round, which led to the WTO. That cycle of multilateral trade negotiations began in 1986 and ended in 1994. It resulted in the creation of the WTO and the adoption of the TRIPS Agreement, which binds all its members. The agreement entered into force in 1995.

The TRIPS Agreement has nevertheless been controversial. Public interest groups argued that its high standards could hinder access to medicines, freedom of expression and the economic development of developing countries. In response, those countries obtained safeguard provisions, which allow them to take their development needs into account in implementing the agreement.

Reform

The Doha Development Agenda subsequently led to an amendment of the agreement. Launched in 2001, that programme notably opened negotiations on technology transfer to the least developed countries. A protocol adopted in Geneva on 6 December 2005 amended the TRIPS Agreement and entered into force on 23 January 2017. The agreement now provides a system of compulsory licences for the manufacture of patented pharmaceutical products intended for export to countries facing public health problems.

To learn more, read the article by Matthieu Dhenne: « Covid 19 : brevets et licence d’office ».