Is the TRIPS Agreement a double-edge sword?

Abstract

Globally, the Agreement on trade-related aspects of intellectual property rights (TRIPS Agreement) is widely adopted as a prerequisite for World Trade Organisation (WTO) membership. This Agreement represents the first international benchmark for minimum intellectual property rights (IPRs) standards. It obliges the Member States to implement national laws that protect and enforce domestic IPRs, encompassing technology innovation, technology dissemination, access to healthcare, and biotechnology. However, the efficacy of the TRIPS Agreement in equitably benefiting all Member States, particularly those in the developing world, with regard to public health needs and healthcare access, remains questionable. Moreover, the TRIPS harmonisation project, a focal point in multilateral discussions, raises significant interest. Undoubtedly, the primary aim of this harmonisation is to enhance the efficiency, uniformity, and coherence of IPRs systems across Member States. Yet, the appropriateness of applying a ‘one-sizefits-all’ policy to nations at varying stages of development warrants scrutiny. This article employs the recent TRIPS Agreement provisions and comparative methodology to examine the fundamental impacts of the current TRIPS framework, alongside the practical benefits and challenges associated with its implementation.