Intellectual property

Since the start of the COVID-19 pandemic, myriad public and private actors have launched collaborative global efforts to develop treatments, vaccines and diagnostics with the aim of guaranteeing equitable access to those technologies. Many such efforts strive to address R&D and access needs simultaneously. Collaborative efforts include substantial investments in product development partnerships (PDPs) to support the non-commercial development of vaccines and large multi-stakeholder R&D initiatives.

The COVID-19 pandemic has generated sudden, farreaching impacts on health systems, with significant social and economic repercussions around the world. The International Monetary Fund (IMF) Chief warned that, while there has been strong economic growth in wealthy countries, developing countries are being held back by slow vaccination rates, and that this is a: “[...] danger for the coherence of growth and it is also a danger for global stability and security.” World Bank data indicate that the pandemic has resulted in a steep increase in debt, especially in emerging markets and developing economies. Statistical briefs published by the UN Committee for the Coordination of Statistical Activities analysing the social and economic impact of the pandemic suggest that 71 to 100 million people are being pushed into extreme poverty by the pandemic.

This paper charts the evolution and diversification of trade in knowledge that has taken place in the quarter-century since the WTO TRIPS Agreement came into force. Entirely new markets have come into being, potentially redefining the very character of 'trade'.

This chapter provides a general overview of the ongoing work in the TRIPS Council and other WTO bodies on other aspects of TRIPS and public policy as of the time of writing, focusing on the issues, which have been the most prominent

At the heart of the World Trade Organization (WTO) is a set of rules that regulate trade between nations: a body of agreements which have been negotiated and signed by governments of most of the world’s trading nations, with the aim of promoting transparency, predictability and nondiscrimination in trading relations. These agreements, covering trade in goods, trade in services and trade-related aspects of intellectual property rights, help to define and inform the multiple roles of the WTO as an international, intergovernmental organization, in administering the provisions of these agreements, providing a forum for trade negotiations, handling trade disputes, monitoring national trade policies, providing technical assistance and capacity building for developing countries, and cooperating with other international organizations. Understanding these agreements and their practical, policy and legal contexts therefore provides significant insights into the WTO as an institution, its activities and international role, its partnerships with other organizations, and the way in which WTO member governments identify and pursue their national interests through this intergovernmental forum.

Public health has been one of the most extensively discussed aspects of the TRIPS Agreement, both in terms of the treaty text itself and its implementation at the domestic level. Its significance is borne out by a proclamation at the ministerial level, the 2001 Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration), and by the ensuing amendment of the Agreement itself, the first amendment of any WTO multilateral trade agreement, undertaken specifically to provide the most vulnerable countries with an additional secure legal pathway to gain access to affordable generic medicines.

The TRIPS Agreement includes a set of transparency mechanisms, which require members to furnish extensive information about their IP laws and policies, and details about how IPRs are administered and enforced in their territories; these laws are also reviewed in detail in the TRIPS Council. In addition, the TRIPS Council has itself established a series of reporting processes concerning specific aspects of members’ IP systems. The operation of these transparency mechanisms in the years since 1995 has yielded a uniquely comprehensive and systematic body of information that now covers some 130 jurisdictions (essentially all WTO members other than LDC members, for whom these provisions do not yet apply).

This chapter provides an overview of the TRIPS Agreement. It first explains the historical and legal background of the Agreement and its place in the World Trade Organization (WTO). It then turns to the general provisions and basic principles, as well as other provisions and institutional arrangements, that apply to all the categories of intellectual property rights (IPRs) covered by TRIPS. Chapters II to VIII then discuss each of these categories, their essential principles, and their administration and enforcement, in more detail.

This chapter explains the provisions of Section 3 of Part II of the TRIPS Agreement entitled ‘Geographical Indications’. A geographical indication (GI) is defined in the TRIPS Agreement as an indication which identifies a good as originating in the territory of a member, or a regional locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Typical examples would be ‘Cognac’ for a brandy coming from that region of France and ‘Darjeeling’ for tea coming from that region of India.