Members continue TRIPS implementation review discussion, address IP notification obligations

Under Article 71.1 of the TRIPS Agreement, the TRIPS Council is required to conduct a review of the implementation of the Agreement after two years and at periodic intervals thereafter. However, the initial review in 1999 was never completed and no other review has subsequently been initiated.

The Chair recalled that over the past year members had spent significant time and energy on considering how to finally launch the review. They ultimately converged on a "Proposed Process for the First Review of the Implementation of the TRIPS Agreement under Article 71.1" that was circulated as document JOB/IP/79/Rev.3 on 22 November 2024.

However, the Chair noted, despite intensive and constructive engagement by members, who have never been closer to consensus on this particular issue, that document could not be adopted. Reporting on the group consultations she held with members on 7 March to hear ideas on how to approach work on this issue in the future, she indicated that members' concerns that had prevented the adoption of the draft document in December remained prevalent.

A number of delegations expressed their willingness to continue discussions on this issue. Therefore, the Chair left the door open to hold another round of consultations in the coming weeks, provided that delegations remain willing to engage constructively and find an agreed solution.

Notifications

The WTO Secretariat provided an update on notifications under various provisions of the TRIPS Agreement received by the Council since its last meeting in November 2024. The Secretariat also submitted the "Annual report on notifications and other information flows".

The report indicates that although participation in WTO notifications has increased, many members are not fulfilling their ongoing notification obligations, which impacts the Council's monitoring function. Despite considerable legislative changes in IP over the past 15 years, 21 per cent of developed and 37 per cent of developing members have not notified the Council of any new or amended laws since 2009. Furthermore, 63 per cent of IP enforcement contact points and 75 per cent of technical and financial cooperation contact points have not been updated in over a decade.

In 2024, members submitted 125 notifications, including 116 new or updated domestic laws or regulations pertaining to the TRIPS Agreement, as required under Article 63.2. The rate of participation remained steady, with 26 members submitting at least one notification.

Reports on technology transfer to LDCs and on technical and financial cooperation were similar to those in 2023, with 16 developed members submitting reports. However, no notifications were received in 2024 for the special compulsory licensing system or updates on biotechnology or geographical indications.

The report also notes that the e-TRIPS information system, designed to improve transparency and provide simple online submission processes, has seen steady usage since its 2019 launch. By 2024, 93 per cent of members were using the platform and 96 per cent of total submissions were made through the platform.

Delegations notifying new or revised legislation took the floor to inform the Council of the main elements presented in their documents. This practice has become an established tradition, with many delegations following it at recent sessions of the Council. It has proven to be very useful in improving understanding of the notifications, raising awareness and promoting transparency.

Technology transfer

The TRIPS Council meeting was attended by the participants of the annual WTO workshop on incentives for technology transfer to least-developed countries (LDCs) under the TRIPS Agreement. This was opened by Deputy Director-General Johanna Hill on 17 March. The workshop brought together 30 participants from LDCs, experts from eight developed members, specialists from the public and private sectors and intergovernmental organizations.

Technology transfer is deeply embedded in the TRIPS Agreement and is explicitly mentioned in its objectives in Article 7. Since 2003, when WTO members agreed on the transparency mechanism for technology transfer under Article 66.2, developed country members have submitted over 400 reports detailing their actions and commitments. To date, the TRIPS Council has conducted 21 reviews of these reports, generating valuable insights into effective strategies and best practices.

A follow-up to the annual review of reports from nine developed members on their technology transfer commitments and related programmes took place at the TRIPS Council. See here.

Several LDC members thanked the Secretariat for organizing the workshop and developed countries for their detailed reports. They underscored the importance of informal dialogue between LDC members and developed country members. This is particularly important when it comes to tailoring technology transfer programmes to LDCs' priority needs and learning from developed members’ experience, they added.

On a separate ad hoc agenda item, members addressed a communication on "IP and innovation: Technology transfer case studies" introduced by Australia, Canada, the European Union, Israel, Japan, the Republic of Korea, New Zealand, Singapore, Switzerland, Chinese Taipei, the United Kingdom and the United States. The objective was to facilitate discussions at the TRIPS Council, using concrete case studies that show real-world technology transfer in action across industries such as agriculture, sustainability and manufacturing.

Many projects were showcased to underline how technology transfer can support innovation and economic growth. These included a Japanese-Tanzanian partnership producing insecticide-treated nets and technical know-how provided to Sri Lankan companies in the manufacturing and textile industries. The World Intellectual Property Organization (WIPO) presented WIPO GREEN, an online platform connecting providers and seekers of eco-friendly technologies to combat climate change.

Non-violation and situation complaints (NVSCs)

The Chair reported on the consultations she held in early March with the most active members and Group coordinators on this issue, where delegations largely repeated their known positions. One member suggested that the Secretariat organize a briefing session on this issue to provide an overview of the points and arguments raised in the past, she said.

She underlined that none of the various suggestions made by her predecessors in meetings and informal consultations as to how members could resume a substantive debate have been taken up by members, indicating that there is little desire to restart substantive discussions on this issue. Taking into account that the 14th Ministerial Conference (MC14) will take place in March 2026, she reminded members that the examination of the scope and modalities of these complaints is a ministerial mandate for this Council, which members should make a serious effort to fulfill.

At the 13th Ministerial Conference (MC13), ministers adopted the Decision on TRIPS Non-Violation and Situation Complaints, tasking the TRIPS Council to continue its review of the scope and modalities for NVSCs and to make recommendations to MC14. It was also agreed that, in the meantime, members would not bring such complaints under the TRIPS Agreement.

Non-violation and situation complaints (NVSCs) refer to whether and under what conditions members should be able to bring WTO dispute complaints where they consider that another member's action, or a particular situation, has deprived them of an expected advantage under the TRIPS Agreement, even though no obligation under the Agreement has been violated.

Members have historically differed on whether such non-violation cases are feasible in intellectual property. Some delegations consider NVSCs essential to maintaining the proper balance of rights and obligations within the TRIPS Agreement while helping to ensure that legitimate obligations are not circumvented or avoided. Others believe there is no place for the application of non-violation complaints in the area of intellectual property because of the legal insecurity and curtailment of flexibilities that could ensue and favour their complete ban in the TRIPS area.

Pandemic response

The Chair highlighted the WTO's compilation document COVID-19: Measures Regarding Trade-Related Intellectual Property Rights, available on its website. This document, compiled by the Secretariat using official sources and verified by relevant members, provides a non-exhaustive overview of IP-related measures taken in response to the pandemic. She urged delegations to update the Secretariat with any new measures, modifications or expirations.

Discussions continued on proposals under paragraph 24 of the Ministerial Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics, reaffirmed in the Abu Dhabi Ministerial Declaration of March 2024. This provision mandates the Council to assess challenges and lessons from the pandemic, including through members' proposals.

Members also continued to review two submissions: one by the United Kingdom on Intellectual Property, Voluntary Licensing, and Technology Transfer, and another by Bangladesh, Colombia, Egypt and India on TRIPS for Development and Post-MC13 Work on TRIPS-Related Issues. The debate centered on pandemic preparedness and the WTO's role in addressing IP concerns.

Some delegations stressed the need for balancing IP rights with public health to secure access to medicines in future crises. Others highlighted the need for updated IP policies and voluntary licensing as key for effective technology transfer, calling for evidence-based discussions under this agenda item.

Other issues

Members discussed a second ad hoc agenda item under the heading of "IP and the public interest", included at the request of Bangladesh, Brazil, Colombia, India and Pakistan. These delegations submitted a paper on this topic, entitled "Intellectual Property for Development Group – Side Activity: 30 Years of Developing Countries' Expectations and Concerns about TRIPS".

Participating members presented a summary of a side event organized on 19 March by the informal group of countries known as "Intellectual Property (IP) for Development". At this event, delegates and experts were invited to an initial discussion to reflect on the history of the TRIPS negotiations, 30 years after their conclusion. Proponents noted that a discussion on the evolution and impact of TRIPS will help to improve the available information, providing valuable insights and reflections for assessing the expectations of developing economies.

The Chair said that there have been no new acceptances of the protocol amending the TRIPS Agreement since the last Council meeting. This means that, to date, the amended TRIPS Agreement applies to 141 members. Twenty-five members have yet to accept the Protocol.

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