Review of the TRIPS Agreement at the WTO: Reforming TRIPS for Global Equity

Newsletter Edition #231 [The Files In-Depth]

Hi,

I am pleased to share that we have published an updated edition of our book: The TRIPS Waiver Negotiations at the WTO: When Intellectual Property Trumped Global Health [ISBN: 9782970162728]. Nearly 700 pages, the volume has about 70 stories published in Geneva Health Files between October 2020, and till about July 2024.  

Accompanying the formal book launch, we recently convened a policy dialogue in Geneva on “the Political Significance of the TRIPS Waiver Negotiations”.

The idea of doing this event was to place these negotiations at the WTO in a wider context, and to probe what it can mean for the future, not only for global health, but also in relation to current efforts towards a review of the TRIPS Agreement.

In today’s edition, we bring you experts voices from the discussion we hosted, on what such a review should entail. Later today, WTO members have consultations on how to structure the review over the coming months.

---

If you find our work valuable, become a paying subscriber. Tracking global health policy-making in Geneva is tough and expensive. Help us in raising important questions, and in keeping an ear to the ground. Readers paying for our work helps us meet our costs.

Our gratitude to our subscribers who ensure we stay in the game!

---

Until later!

Priti

Feel free to write to us: patnaik.reporting@gmail.com, Follow us on X: @filesgeneva

---

Illustration Credit: Amy Clarke, Chembe Collaborative

I. ANALYSIS

Review of the TRIPS Agreement at the WTO: Reforming TRIPS for Global Equity

By Priti Patnaik & Nishant Sirohi

---

There are growing calls to make the intellectual property rules governed by the WTO, more “fit for purpose” to respond effectively to complex crises including health emergencies and climate change. WTO members are discussing a potential review of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in the light of the policy failures during the COVID-19 pandemic. It has also been 30 years (April 15, 1994), since the Agreement was concluded.

The TRIPS Agreement regulates and enforces the global intellectual property (IP) rules intended to foster innovation. However, recent crises have highlighted its limitation in addressing emerging global challenges, promoting widespread calls for reform. Initiated by Colombia and supported by many developing countries, this review offers WTO member states a timely opportunity to assess how TRIPS can more effectively balance innovation incentives with pressing global health and equity needs.

At a recent policy dialogue organised by Geneva Health Files notable experts and stakeholders in global health proposed numerous recommendations for the review of TRIPS. This story captures some of the key messages and suggestions for reform that was discussed during the event on September 23, 2024 in Geneva.

The discussion on the “Political Significance of the TRIPS Waiver Negotiations” was on the occasion of a book launch. Geneva Health Files has published an updated edition of the book - The TRIPS Waiver Negotiations at the WTO: When Intellectual Property Trumped Global Health. (Available here.)

The speakers at the panel discussion included: Ambassador Guilherme de Aguiar Patriota, Brazil’s Mission to the WTO & other economic organizations in Geneva; Nirmalya Syam, Senior Programme Officer of the Health, Intellectual Property and Biodiversity Programme, South Centre; Sangeeta Shashikant, Legal Advisor, Third World Network; James Love, Knowledge Ecology International; Mustaqeem De Gama, former counsellor at the South African mission to the WTO in Geneva, who authored the TRIPS waiver proposal. (De Gama is currently Head, Legal Governance, IP & Corporate Risk Management, Afrigen Biologics, South Africa.). Below we present excerpts of their remarks.

Later today, the TRIPS Council will continue to discuss the review of the TRIPS Agreement’s implementation under Article 71.1. The consultations are being convened by the TRIPS Council Chair Ambassador Sofía Boza from Chile.

Image Credit: Photo by Steve Johnson, Pexels