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Draft:Trade-Related Aspects of Intellectual Property Rights

From The Justice Definitions Project
TRIPS Agreement
World Trade Relation
Trade Document

1. What is Trade-Related Aspects of Intellectual Property Rights (TRIPS)

The Agreement on Trade-Related Aspects of Intellectual Property Rights, commonly known as the TRIPS Agreement, is an international agreement dealing with the protection and enforcement of intellectual property rights. It forms part of the legal framework of the World Trade Organization (WTO) and applies to all WTO Members.[1]

TRIPS sets minimum standards that member countries are required to provide for different forms of intellectual property, including copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits and undisclosed information.[2] It does not create a single international intellectual property right. Instead, each WTO Member gives effect to its obligations through its own domestic legal system[3].

Before TRIPS, international intellectual property protection was principally governed through agreements such as the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works.[4] However, standards and enforcement of intellectual property protection differed considerably between countries, while intellectual property was becoming increasingly important to international trade.[5]

During the 1980s, concerns relating to counterfeiting, piracy and differing national standards led several countries to seek stronger international rules on intellectual property within the multilateral trading system. At the same time, many developing countries were concerned that stronger intellectual property protection could affect access to medicines, technology and knowledge and reduce their freedom to frame domestic policies according to their developmental needs.[6]

These issues became part of the Uruguay Round of multilateral trade negotiations, held from 1986 to 1994. The negotiations resulted in the TRIPS Agreement, which entered into force with the establishment of the WTO on 1 January 1995.[7]

TRIPS was significant because it connected intellectual property protection with international trade obligations. It established common minimum standards for the protection and enforcement of intellectual property rights while leaving WTO Members some flexibility in determining how those standards would be implemented within their domestic legal systems.[8]

2. Official Definition of TRIPS

The term “TRIPS” refers to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which forms part of the Marrakesh Agreement Establishing the World Trade Organization.[9] The Agreement does not provide a single descriptive definition of TRIPS. Instead, its scope and meaning emerge from its provisions dealing with the protection, enforcement and administration of intellectual property rights among WTO Members.

2.1 TRIPS as defined in legislation(s)

Indian legislation does not separately define the term “TRIPS”. India gives effect to its obligations under the Agreement through its domestic intellectual property laws. These include, among others, the Patents Act, 1970, the Copyright Act, 1957, the Trade Marks Act, 1999, the Geographical Indications of Goods (Registration and Protection) Act, 1999, the Designs Act, 2000, and the Semiconductor Integrated Circuits Layout-Design Act, 2000.[10] Several of these laws were enacted or amended during the period in which India brought its intellectual property regime into conformity with its obligations under the TRIPS Agreement.[11]

2.2 Legal provision(s) relating to TRIPS

The TRIPS Agreement is divided into seven Parts:

1.     Part I, Articles 1–8: General provisions and basic principles.

2.     Part II, Articles 9–40: Standards concerning the availability, scope and use of intellectual property rights.

3.     Part III, Articles 41–61: Enforcement of intellectual property rights.

4.     Part IV, Article 62: Acquisition and maintenance of intellectual property rights and related procedures.

5.     Part V, Articles 63–64: Dispute prevention and settlement.

6.     Part VI, Articles 65–67: Transitional arrangements.

7.     Part VII, Articles 68–73: Institutional arrangements and final provisions.[12]

Part II deals with the principal categories of intellectual property covered by the Agreement, including copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits and undisclosed information.[13]

The Agreement also lays down certain general principles. These include national treatment, under which WTO Members must generally accord nationals of other Members treatment no less favourable than that accorded to their own nationals, and most-favoured-nation treatment, under which advantages granted to nationals of one country must generally be extended to nationals of other WTO Members.[14]

Articles 7 and 8 are also significant. Article 7 recognises that the protection and enforcement of intellectual property rights should contribute to technological innovation, transfer and dissemination of technology, and social and economic welfare. Article 8 permits Members, subject to the Agreement, to adopt measures necessary to protect public health and nutrition and to promote the public interest in sectors of vital importance to their socio-economic and technological development.[15]

2.3 TRIPS as defined in international instrument(s)

The principal international instrument governing the term is the TRIPS Agreement itself. It forms Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization.[16]

Article 1 requires WTO Members to give effect to the provisions of TRIPS while allowing them to determine the appropriate method of implementation within their own legal systems. Members may also provide more extensive intellectual property protection than the Agreement requires, provided that such protection does not contravene TRIPS.[17]

Article 1(2) provides that, for the purposes of the Agreement, the term “intellectual property” refers to the categories of intellectual property dealt with in Sections 1 to 7 of Part II.[18]

TRIPS must also be understood in relation to earlier international intellectual property conventions. Its provisions incorporate or refer to several obligations arising under instruments such as the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works.[19]

A further important international instrument is the Doha Declaration on the TRIPS Agreement and Public Health, 2001. The Declaration affirmed that TRIPS should be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health and, in particular, to promote access to medicines for all.[20]

2.4 TRIPS as defined in official document(s)

Official WTO documents describe TRIPS as the WTO agreement establishing minimum standards for the protection and enforcement of intellectual property rights.[21]

The Council for Trade-Related Aspects of Intellectual Property Rights, commonly known as the TRIPS Council, administers the Agreement, monitors its implementation and provides a forum for consultations among WTO Members.[22]

WTO Members are also required to notify certain intellectual property laws, regulations and related measures to the TRIPS Council. These notifications form an important part of the transparency and monitoring framework under the Agreement.[23]

2.5 TRIPS as defined in official government report(s)

Indian government documents concerning intellectual property generally discuss TRIPS in the context of India’s international obligations and the development of its domestic intellectual property framework.[24]

Official policy documents have also examined the relationship between international intellectual property obligations, innovation, public interest, technology and access to knowledge. Such materials are relevant for understanding how India has sought to implement TRIPS while retaining the flexibilities available under the Agreement[25].

2.6 TRIPS as defined in case law(s)

Indian courts and tribunals have referred to the TRIPS Agreement while considering the interpretation and operation of domestic intellectual property laws.[26]

One of the most significant examples is Novartis AG v. Union of India. Litigation concerning Section 3(d) of the Patents Act raised questions regarding India’s obligations under TRIPS and the extent to which domestic patent law could impose standards intended to prevent the grant of patents for certain new forms of known substances[27].

The compulsory licensing proceedings involving Bayer Corporation and Natco Pharma also illustrate the relationship between Indian patent law and the flexibilities available within the TRIPS framework. The proceedings concerned access to a patented pharmaceutical product and the statutory conditions governing the grant of a compulsory licence.[28]

Indian courts have also considered TRIPS in disputes involving regulatory-use exceptions, trademarks, geographical indications and the interpretation of domestic intellectual property legislation in light of India’s international obligations.[29]

Types of TRIPS

3. Variations

Although the TRIPS Agreement establishes common minimum standards, WTO Members retain flexibility in the manner in which those standards are implemented within their domestic legal systems. Intellectual property regimes may therefore differ between countries while remaining consistent with TRIPS.[30]

3.1 Slight differences and nuances in the concept of TRIPS

TRIPS establishes minimum standards, rather than a completely uniform international intellectual property system. Members may provide protection that goes beyond the minimum requirements of the Agreement, provided that such protection does not conflict with TRIPS.[31]

This has led to an important distinction between TRIPS-compliant and TRIPS-plus protection. TRIPS-compliant measures satisfy the minimum obligations contained in the Agreement, while TRIPS-plus measures provide stronger or broader protection than TRIPS itself requires. Such higher standards may arise through domestic legislation or through bilateral and regional trade agreements.[32]

At the same time, TRIPS contains a number of flexibilities that allow Members to balance intellectual property protection with other public interests. These include compulsory licensing, exceptions to exclusive rights, rules concerning exhaustion of rights and measures intended to protect public health.[33]

3.2 Variations in legislative scheme arising from state-specific or policy documents

State-specific legislative variation is of limited relevance to TRIPS implementation in India. The principal intellectual property statutes through which India gives effect to the subject matter covered by TRIPS are Parliamentary enactments applicable throughout India.[34]

Patents, inventions and designs, copyright, trademarks and merchandise marks also fall within Entry 49 of the Union List in the Seventh Schedule to the Constitution of India.[35]

Consequently, States do not maintain separate patent, copyright or trademark regimes comparable to the state-specific legislative frameworks that may exist in other fields.[36]

Differences may nevertheless arise in the administration, enforcement and judicial interpretation of intellectual property laws. These differences do not alter the nationally applicable statutory framework governing patents, copyright, trademarks and other principal forms of intellectual property in India.[37]

3.3 Functional variations across regions, States and High Courts

TRIPS obligations apply to India as a WTO Member and are implemented principally through national legislation. Indian High Courts therefore do not apply different versions of TRIPS.[38]

Differences may nevertheless arise in the interpretation and enforcement of domestic intellectual property law. Such differences relate to the judicial application of Indian intellectual property legislation rather than regional variations in the TRIPS Agreement itself.[39]

3.4 Use of different nomenclature across regions, States and High Courts

The term “TRIPS Agreement” refers to the Agreement on Trade-Related Aspects of Intellectual Property Rights.[40]

Related expressions such as “TRIPS flexibilities,” “TRIPS-compliant,” “TRIPS-plus,” and “TRIPS obligations” are used to describe different aspects of the Agreement and its implementation. They do not represent separate versions of TRIPS but indicate different ways in which its standards, flexibilities and additional obligations are discussed in law and policy.[41]

3.5 International Experience

The TRIPS Agreement establishes minimum standards applicable to WTO Members, but it does not require every country to adopt an identical intellectual property system. Members implement the Agreement through their own domestic laws and institutions, subject to the minimum obligations and other requirements contained in TRIPS.[42]

Their approaches may therefore differ according to legal systems, levels of development and domestic policy priorities.[43]

3.6 How other countries have sought to define, operationalise and collect data regarding TRIPS

WTO Members operationalise the Agreement through national legislation governing patents, copyright, trademarks, geographical indications, industrial designs and other areas of intellectual property.[44]

Article 63.2 of the TRIPS Agreement requires WTO Members to notify the TRIPS Council of laws and regulations relating to the subject matter of the Agreement. These notifications are maintained through the WTO’s e-TRIPS Gateway, which allows users to examine intellectual property laws and regulations notified by individual Members.[45]

The Agreement also recognises differences in the capacity of Members to implement its obligations. Least-developed country Members have received extended transition periods for implementing many TRIPS obligations. The general transition period currently extends until 1 July 2034, or until a Member ceases to be classified as a least-developed country, whichever occurs earlier.[46]

3.7 Deviations from Indian practice or conceptualisation relating to TRIPS

Differences between India and other WTO Members generally arise from the policy choices available within the TRIPS framework rather than from different definitions of the Agreement itself.[47]

India has used several forms of policy space available under TRIPS in its domestic intellectual property regime. These include the patentability standard contained in Section 3(d) of the Patents Act, 1970, provisions permitting compulsory licensing and exceptions relating to the use of patented inventions for obtaining regulatory approval.[48]

Other WTO Members have made different choices in exercising similar flexibilities. For example, Brazil issued a compulsory licence in 2007 for the antiretroviral medicine efavirenz for public non-commercial use as part of its public-health programme.[49]

Such examples demonstrate that TRIPS flexibilities may be used differently depending on national circumstances and public-policy priorities.[50]

These differences do not necessarily amount to departures from TRIPS. Rather, they illustrate the discretion retained by Members in designing intellectual property rules within the boundaries of the Agreement.[51]

4. Any learnings or Best Practices

International experience demonstrates the importance of balancing intellectual property protection with public-interest objectives.[52]

The Doha Declaration on the TRIPS Agreement and Public Health, 2001 is particularly important in this regard. It affirmed that TRIPS should not prevent Members from taking measures to protect public health and confirmed their right to make full use of the flexibilities contained in the Agreement.[53]

Transparency in domestic implementation is also significant. Regular notification of intellectual property laws and amendments to the WTO enables Members and the public to examine how TRIPS obligations are being implemented across jurisdictions.[54]

The TRIPS framework also recognises the importance of domestic legal and institutional capacity. Article 67 provides for technical and financial cooperation, including assistance in preparing intellectual property laws and establishing or reinforcing domestic offices and agencies.[55]

TRIPS implementation therefore need not follow a single model. Members may develop intellectual property systems that comply with international minimum standards while responding to their own developmental, technological and public-interest needs.[56]

5. Technological Transformation and Initiatives

The TRIPS Agreement was negotiated before the widespread development of technologies such as artificial intelligence, digital platforms, blockchain and advanced data-driven systems. It therefore does not specifically regulate many of the intellectual property questions created by these technologies.[57]

However, its existing rules on copyright, patents, trademarks, undisclosed information and enforcement continue to form part of the international legal framework within which such issues are considered.[58]

Digital technologies have created new issues concerning the creation, reproduction and distribution of protected works. More recently, generative artificial intelligence has raised questions concerning the use of copyrighted material as training data, authorship and ownership of AI-generated outputs, patentability and inventorship of AI-related inventions, attribution, licensing and the protection of commercially valuable data.[59]

The World Intellectual Property Organization (WIPO) has facilitated international discussion through the WIPO Conversation on Intellectual Property and Frontier Technologies. Beginning with discussions on artificial intelligence and intellectual property in 2019, the initiative has examined issues relating to AI-generated works and inventions, training data, copyright infrastructure, data and emerging technologies.[60]

Technological change has also affected the administration of intellectual property rights. Intellectual property offices increasingly use digital filing systems, searchable databases, automated tools and artificial intelligence-assisted technologies.[61]

In India, the Office of the Controller General of Patents, Designs and Trade Marks has introduced digital services and AI-assisted tools relating to intellectual property administration.[62]

At the WTO level, technological developments are also discussed within the TRIPS Council, particularly in discussions concerning intellectual property and innovation.[63]

These developments have not replaced the TRIPS framework. Rather, they demonstrate how existing international intellectual property rules continue to be applied and reconsidered in response to technological change.[64]

6. Appearance of TRIPS in Database

Information relating to the implementation and operation of the TRIPS Agreement is maintained through international intellectual property databases.[65]

These databases primarily contain legislation, notifications, treaty information, review materials and documents submitted by WTO Members. Their purpose is therefore different from databases that primarily record statistical trends in patent, trademark or other intellectual property registrations.[66]

6.1 e-TRIPS Gateway

The e-TRIPS Gateway, maintained by the World Trade Organization, provides a centralised database of notifications and other information submitted or circulated under the TRIPS framework.[67]

The database contains several categories of information, including:

  • laws and regulations notified under Article 63.2 of the TRIPS Agreement;
  • information relating to the enforcement of intellectual property rights;
  • notifications concerning compulsory licensing;
  • materials relating to reviews of Members’ implementing legislation;
  • reports concerning technology transfer and technical cooperation;
  • documents and minutes of the TRIPS Council; and
  • information relating to WTO disputes involving TRIPS.[68]

The database can be searched using criteria such as the WTO Member concerned, category of information, subject matter and date. Certain search results may also be downloaded for further comparison and analysis.[69]

For India, the e-TRIPS Gateway can therefore be used to identify legislation, notifications and other documents communicated to the WTO in relation to the implementation and operation of the Agreement.[70]

6.2 WIPO Lex

WIPO Lex, maintained by the World Intellectual Property Organization, is another relevant database for examining the legal framework surrounding TRIPS. It provides access to national intellectual property legislation, international treaties and selected judicial decisions across jurisdictions.[71]

The India profile on WIPO Lex brings together Indian intellectual property legislation, treaty participation and selected judgments. It therefore assists in examining the domestic legal framework within which India implements intellectual property obligations, including those arising under TRIPS.[72]

While the e-TRIPS Gateway is specifically organised around the TRIPS Agreement and WTO notification requirements, WIPO Lex provides a broader comparative database of national intellectual property laws, treaties and judicial materials.[73]

7. Research that engages with TRIPS

Research on TRIPS in the Indian context has examined, among other issues, patent law, access to medicines, public health, judicial interpretation, traditional knowledge and the extent of policy space available to developing countries under the Agreement.[74]

7.1 India’s Tryst With TRIPS: The Patents (Amendment) Act, 2005

In this article, Shamnad Basheer examines the Patents (Amendment) Act, 2005, through which India introduced pharmaceutical product patents as part of its compliance with TRIPS obligations.[75]

The article analyses the attempt to balance the interests of patent holders, the domestic generic pharmaceutical industry and concerns relating to access to medicines. It also considers uncertainties arising from the 2005 amendments and their possible implications for the availability of generic medicines in India.[76]

7.2 Ducking TRIPS in India: A Saga Involving Novartis and the Legality of Section 3(d)

Shamnad Basheer and Prashant Reddy examine the Madras High Court litigation concerning Section 3(d) of the Patents Act and its relationship with the TRIPS Agreement.[77]

Their analysis considers the Court’s refusal to determine whether Section 3(d) was compatible with TRIPS and addresses the broader role of Indian courts when dealing with international treaty obligations that have not been directly incorporated into domestic law.[78]

The article is useful for understanding the interaction between international intellectual property obligations, domestic patent law and the treatment of treaty obligations within the Indian legal system.[79]

7.3 Lessons From India’s Implementation of the Doha Declaration on TRIPS and Public Health

In this research paper, Nanditta Batra examines India’s implementation of the public-health flexibilities recognised by the Doha Declaration.[80] The study discusses patentability standards, parallel importation, compulsory licensing and access to medicines, and considers the extent to which India has made use of the policy space available under TRIPS.[81]

It also examines institutional and procedural issues that may affect the practical use of TRIPS flexibilities in the Indian context.[82]

7.4 Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture

Christoph Antons examines Article 27.3(b) of TRIPS in relation to plant varieties, biodiversity and traditional knowledge, with particular attention to India and the Philippines.[83]

The study considers the use of sui generis systems as an alternative to conventional patent protection and discusses the difficulties involved in protecting the interests of farmers, indigenous communities and traditional knowledge holders within established intellectual property frameworks.[84]

Taken together, these studies demonstrate a strong research focus on the relationship between international intellectual property obligations and domestic policy choices.[85]

They particularly examine how India has sought to comply with international minimum standards while retaining sufficient policy space to address public health, access to medicines, biodiversity, traditional knowledge and other developmental interests.[86]

Within the research discussed above, patents, pharmaceuticals, public health and the use of TRIPS flexibilities receive particular attention. Other areas covered by the Agreement, such as trademarks, industrial designs and integrated-circuit layout designs, are less prominent within this selected body of research.[87]

8. Challenges

The implementation of the TRIPS Agreement raises a number of legal, institutional and policy challenges, particularly for developing and least-developed countries.[88]

These challenges concern both compliance with international intellectual property standards and the capacity of Members to pursue public-interest and developmental objectives within the framework of the Agreement.[89]

8.1 Implementation and Institutional Capacity

Effective implementation of TRIPS requires functioning intellectual property offices, appropriate administrative and judicial mechanisms, trained personnel and accessible enforcement procedures.[90]

The TRIPS framework recognises the particular economic, financial and administrative constraints faced by least-developed countries and provides for technical and financial cooperation in implementing the Agreement.[91]

For this reason, TRIPS provides for cooperation concerning the preparation of intellectual property laws and regulations, the establishment or reinforcement of domestic offices and agencies and the training of personnel.[92]

9. Practical Use of TRIPS Flexibilities

TRIPS permits Members to make use of mechanisms such as compulsory licensing, exceptions to exclusive rights and rules concerning exhaustion of rights.[93]

WTO Members implement TRIPS flexibilities through their domestic legal systems. Article 1.1 permits Members to determine the appropriate method of implementing the Agreement, while the Doha Declaration confirms their right to make full use of TRIPS flexibilities for public-health purposes.[94]

9.1 Public Health and Access to Medicines

One of the most significant challenges associated with TRIPS concerns the relationship between patent protection and access to medicines.[95]

Patent protection can provide incentives for research and innovation, while exclusive rights may also influence the price, production and availability of patented pharmaceutical products.[96]

Members must therefore address the relationship between intellectual property protection, pharmaceutical innovation and the need to maintain access to essential medicines.[97]

9.2 Technology Transfer

Article 7 of TRIPS recognises the transfer and dissemination of technology as part of the objectives of intellectual property protection.[98]

Article 66.2 further requires developed-country Members to provide incentives to enterprises and institutions for promoting technology transfer to least-developed country Members.[99]

A continuing issue is the extent to which these mechanisms result in meaningful transfer of technology and contribute to technological capacity in developing and least-developed countries.[100]

9.3 Traditional Knowledge and Biodiversity

The conventional categories of intellectual property recognised under TRIPS do not always correspond easily with traditional knowledge, genetic resources and community-based forms of innovation.[101]

Such knowledge may be collectively held, transmitted across generations and difficult to accommodate within legal concepts based on individual ownership, novelty or fixed periods of protection.[102]

This creates difficulties in providing appropriate recognition and preventing misappropriation.[103]

9.4 Transparency and Availability of Information

Article 63 of TRIPS contains transparency requirements concerning laws, regulations and judicial decisions relating to the subject matter of the Agreement. WTO Members are also required to notify relevant laws and regulations to the TRIPS Council.

The WTO’s e-TRIPS Gateway provides access to these notifications and other materials relating to the implementation of the Agreement.[104]

9.5 Emerging Technologies

Artificial intelligence, biotechnology, digital platforms and other emerging technologies continue to raise intellectual property questions that were not specifically contemplated when TRIPS was negotiated.[105]

These developments create new issues concerning copyright, patents, data, enforcement and the application of existing intellectual property categories to rapidly changing forms of innovation.[106]

10. Way Ahead

WTO and WIPO instruments and initiatives continue to address issues relating to public health, technology transfer, institutional capacity, traditional knowledge and emerging technologies within and alongside the TRIPS framework.[107]

10.1 Effective Use of TRIPS Flexibilities

The Doha Declaration on the TRIPS Agreement and Public Health affirmed that TRIPS should be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health and promote access to medicines.[108]

Continued attention to the practical availability of flexibilities such as compulsory licensing, exceptions to patent rights and rules concerning exhaustion can therefore assist Members in reconciling intellectual property protection with public-interest objectives.[109]

10.2 Technical Assistance and Institutional Capacity

TRIPS recognises the importance of technical and financial cooperation for developing and least-developed countries.[110]

Strengthening institutional capacity in areas such as intellectual property administration, examination, enforcement and policymaking can assist Members in implementing international obligations while responding to their domestic legal, economic and developmental circumstances.[111]

The WTO, WIPO and other international institutions continue to provide technical assistance and capacity-building programmes relating to intellectual property administration and policy.[112]

10.3 Technology Transfer

The transfer and dissemination of technology remain recognised objectives within the TRIPS framework.[113] Article 66.2 specifically requires developed-country Members to provide incentives to enterprises and institutions for promoting technology transfer to least-developed country Members.[114]

Continued reporting and review of measures adopted under this provision can assist in evaluating how effectively such incentives contribute to technological capacity building.[115]

10.4 Public Health and Access to Medicines

Public health remains an established area of TRIPS implementation, particularly following the Doha Declaration on the TRIPS Agreement and Public Health.[116]

The Doha Declaration provides an established international framework for understanding the relationship between intellectual property protection and measures adopted to safeguard public health.[117]

Domestic implementation of available flexibilities, together with clear legal and administrative procedures, remains important for enabling Members to respond to public-health requirements within the TRIPS framework.[118]

10.5 Traditional Knowledge, Genetic Resources and Biodiversity

International discussions concerning traditional knowledge, genetic resources and community-based innovation have continued beyond the original TRIPS framework.[119]

The adoption of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge in 2024 represents an important development in this area.[120]

The 2024 WIPO Treaty demonstrates the continuing development of international intellectual property rules concerning genetic resources and associated traditional knowledge.[121]

10.6 Responding to Emerging Technologies

International institutions have increasingly examined the relationship between intellectual property and technologies such as artificial intelligence and other digital technologies.[122]

Discussions within WIPO and the WTO provide forums for considering how existing intellectual property rules apply to new technologies and whether further clarification or adaptation may become necessary.[123]

10.7 Strengthening Transparency

Transparency remains important for assessing the implementation of TRIPS across WTO Members.[124]

The notification framework under Article 63, together with databases such as the e-TRIPS Gateway, facilitates access to national laws, regulations and other implementation materials.[125]

The WTO notification framework and e-TRIPS Gateway provide mechanisms through which Members, researchers and policymakers can examine national implementation of the Agreement.[126]

11. Related Terms

Intellectual Property Rights, World Trade Organization, Patents, Copyright and Related Rights, Trademarks, Geographical Indications, Industrial Designs, Layout-Designs of Integrated Circuits, Undisclosed Information, Trade Secrets, Compulsory Licensing, TRIPS Flexibilities, TRIPS-Plus, National Treatment, Most-Favoured-Nation Treatment, Doha Declaration on TRIPS and Public Health, Technology Transfer

12. References

  1. ↑ World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Annex 1C to the Marrakesh Agreement Establishing the World Trade Organization, available at: https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  2. ↑ World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Part II, Sections 1–7, available at: https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  3. ↑ World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), art. 1(1), available at: https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026).
  4. ↑ World Trade Organization, Legal and Interpretive Texts, https://www.wto.org/english/tratop_e/trips_e/legal_and_interpretive_texts_e.htm (accessed 12/09/2026)
  5. ↑ World Trade Organization, A Summary of the Final Act of the Uruguay Round, https://www.wto.org/english/docs_e/legal_e/ursum_e.htm (accessed 12/09/2026).
  6. ↑ World Trade Organization, The Making of the TRIPS Agreement: Personal Insights from the Uruguay Round Negotiations 129–30, 223–24 (Jayashree Watal & Antony Taubman eds., 2015), https://www.wto.org/english/res_e/booksp_e/trips_agree_e/history_of_trips_nego_e.pdf
  7. ↑ World Trade Organization, The Uruguay Round, https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact5_e.htm (accessed 12/09/2026); World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  8. ↑ World Trade Organization, Current Issues in Intellectual Property, https://www.wto.org/english/tratop_e/trips_e/trips_issues_e.htm (accessed 12/09/2026); World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), art. 1(1), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026).
  9. ↑ World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Annex 1C to the Marrakesh Agreement Establishing the World Trade Organization, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  10. ↑ See generally The Patents Act, 1970; The Copyright Act, 1957; The Trade Marks Act, 1999; The Geographical Indications of Goods (Registration and Protection) Act, 1999; The Designs Act, 2000; and The Semiconductor Integrated Circuits Layout-Design Act, 2000, India Code, https://www.indiacode.nic.in/ (accessed 12/09/2026).
  11. ↑ Government of India, National Intellectual Property Rights Policy 2, 9 (2016), https://ipindia.gov.in/storage/uploads/media/2016-_National_IPR_Policy-2016__English_and_Hindi.pdf (accessed 12/09/2026); Novartis AG v. Union of India, (2013) 13 S.C.R. 148, ¶¶ 60–69.
  12. ↑ World Trade Organization, TRIPS Agreement, Parts I–VII, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  13. ↑ World Trade Organization, TRIPS Agreement, Part II, Sections 1–7, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  14. ↑ World Trade Organization, TRIPS Agreement, arts. 3–4, https://www.wto.org/english/docs_e/legal_e/31bis_trips_03_e.htm (accessed 12/09/2026).
  15. ↑ World Trade Organization, TRIPS Agreement, arts. 7–8, https://www.wto.org/english/docs_e/legal_e/31bis_trips_03_e.htm (accessed 12/09/2026).
  16. ↑ World Trade Organization, TRIPS Agreement, Annex 1C, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  17. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026).
  18. ↑ World Trade Organization, TRIPS Agreement, art. 1(2), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026).
  19. ↑ World Trade Organization, TRIPS Agreement, arts. 2(1), 9(1), https://www.wto.org/english/docs_e/legal_e/31bis_trips_03_e.htm (accessed 12/09/2026); Paris Convention for the Protection of Industrial Property, 1883; Berne Convention for the Protection of Literary and Artistic Works, 1886.
  20. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶ 4, WT/MIN(01)/DEC/2 (2001), https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  21. ↑ World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights: Handbook on Notification Requirements 3 (2022), https://www.wto.org/english/tratop_e/trips_e/ip_handbook_on_notifications_e.pdf (accessed 12/09/2026).
  22. ↑ World Trade Organization, TRIPS Agreement, art. 68, https://www.wto.org/english/docs_e/legal_e/31bis_trips_07_e.htm (accessed 12/09/2026).
  23. ↑ World Trade Organization, TRIPS Agreement, art. 63(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_06_e.htm (accessed 12/09/2026).
  24. ↑ World Trade Organization, TRIPS Agreement, art. 63(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_06_e.htm (accessed 12/09/2026).
  25. ↑ Government of India, National Intellectual Property Rights Policy 2, 9–10 (2016), https://ipindia.gov.in/storage/uploads/media/2016-_National_IPR_Policy-2016__English_and_Hindi.pdf (accessed 12/09/2026).
  26. ↑ Novartis AG v. Union of India, (2013) 13 S.C.R. 148, ¶¶ 60–69, https://api.sci.gov.in/jonew/judis/40212.pdf (accessed 12/09/2026).
  27. ↑ Novartis AG v. Union of India, (2013) 13 S.C.R. 148, ¶¶ 60–69, 103–05, https://api.sci.gov.in/jonew/judis/40212.pdf (accessed 12/09/2026).
  28. ↑ Bayer Corp. v. Union of India, OA/35/2012/PT/MUM, Order No. 45 of 2013 (IPAB, 4 Mar. 2013); Bayer Corp. v. Union of India, A.I.R. 2014 Bom. 178.
  29. ↑ Bayer Corp. v. Union of India, 2019 SCC OnLine Del 8209; Tata Sons Ltd. v. Manoj Dodia, 2011 (46) P.T.C. 244 (Del.); Asociacion de Productores de Pisco A.G. v. Union of India, 2025:DHC:5339, https://delhihighcourt.nic.in/app/showFileJudgment/59207072025WO172021_202727.pdf (accessed 12/09/2026).
  30. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026).
  31. ↑ World Trade Organization, Current Issues in Intellectual Property, https://www.wto.org/english/tratop_e/TRIPs_e/trips_issues_e.htm (accessed 12/09/2026).
  32. ↑ World Trade Organization, Current Issues in Intellectual Property, https://www.wto.org/english/tratop_e/TRIPs_e/trips_issues_e.htm (accessed 12/09/2026); World Intellectual Property Organization, Advice on Flexibilities under the TRIPS Agreement, https://www.wipo.int/en/web/cooperation/policy-legislative-assistance/advice-trips (accessed 12/09/2026).
  33. ↑ World Trade Organization, TRIPS Agreement, arts. 6, 30–31, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026); World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶¶ 4–5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  34. ↑ See generally The Patents Act, 1970; The Copyright Act, 1957; The Trade Marks Act, 1999; The Geographical Indications of Goods (Registration and Protection) Act, 1999; The Designs Act, 2000; and The Semiconductor Integrated Circuits Layout-Design Act, 2000, India Code, https://www.indiacode.nic.in/ (accessed 12/09/2026).
  35. ↑ Constitution of India, Seventh Schedule, List I, Entry 49, https://www.indiacode.nic.in/ (accessed 12/09/2026).
  36. ↑ Constitution of India, art. 246(1), Seventh Schedule, List I, Entry 49, https://www.indiacode.nic.in/ (accessed 12/09/2026); see also The Patents Act, 1970; The Copyright Act, 1957; and The Trade Marks Act, 1999.
  37. ↑ Constitution of India, art. 246(1), Seventh Schedule, List I, Entry 49, https://www.indiacode.nic.in/ (accessed 12/09/2026); see also The Patents Act, 1970; The Copyright Act, 1957; and The Trade Marks Act, 1999.
  38. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026); Constitution of India, art. 246(1), Seventh Schedule, List I, Entry 49.
  39. ↑ Constitution of India, art. 246(1), Seventh Schedule, List I, Entry 49; see also The Patents Act, 1970; The Copyright Act, 1957; and The Trade Marks Act, 1999.
  40. ↑ World Trade Organization, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  41. ↑ World Trade Organization, Current Issues in Intellectual Property, https://www.wto.org/english/tratop_e/trips_e/trips_issues_e.htm (accessed 12/09/2026); World Intellectual Property Organization, Advice on Flexibilities under the TRIPS Agreement, https://www.wipo.int/en/web/cooperation/policy-legislative-assistance/advice-trips (accessed 12/09/2026).
  42. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026).
  43. ↑ World Intellectual Property Organization, Advice on Flexibilities under the TRIPS Agreement, https://www.wipo.int/en/web/cooperation/policy-legislative-assistance/advice-trips (accessed 12/09/2026).
  44. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), Part II, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026); World Intellectual Property Organization, Advice on Flexibilities under the TRIPS Agreement, https://www.wipo.int/en/web/cooperation/policy-legislative-assistance/advice-trips (accessed 12/09/2026).
  45. ↑ World Trade Organization, TRIPS Agreement, art. 63(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_06_e.htm (accessed 12/09/2026); World Trade Organization, Procedures for Notifying and Sharing Information: Laws and Regulations, https://www.wto.org/english/tratop_e/trips_e/trips_notif2_art63-2_e.htm (accessed 12/09/2026); e-TRIPS, Laws and Regulations under Article 63.2, https://e-trips.wto.org/En/TypesOfDocuments/LawArticle632Notifications (accessed 12/09/2026).
  46. ↑ World Trade Organization, Extension of the Transition Period under Article 66.1 for Least-Developed Country Members, Decision of 29 June 2021, IP/C/88; World Trade Organization, Responding to Least-Developed Countries’ Special Needs in Intellectual Property, https://www.wto.org/english/tratop_e/trips_e/ldc_e.htm (accessed 12/09/2026).
  47. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026); World Intellectual Property Organization, Advice on Flexibilities under the TRIPS Agreement, https://www.wipo.int/en/web/cooperation/policy-legislative-assistance/advice-trips (accessed 12/09/2026).
  48. ↑ The Patents Act, 1970, §§ 3(d), 84, 107A, India Code, https://www.indiacode.nic.in/bitstream/123456789/1392/1/a197039.pdf (accessed 12/09/2026).
  49. ↑ WTO, WIPO & WHO, Promoting Access to Medical Technologies and Innovation 176–77 (2013), https://www.wto.org/english/res_e/booksp_e/pamtiwhowipowtoweb13_e.pdf; WTO TRIPS Council, Minutes of Meeting Held on 2 March 2010, ¶ 19, IP/C/57, https://www.wto.org/english/tratop_e/trips_e/ta_docs_e/3_ipc57_e.pdf
  50. ↑ World Intellectual Property Organization, Advice on Flexibilities under the TRIPS Agreement, https://www.wipo.int/en/web/cooperation/policy-legislative-assistance/advice-trips (accessed 12/09/2026).
  51. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026).
  52. ↑ World Trade Organization, TRIPS Agreement, arts. 7–8, https://www.wto.org/english/docs_e/legal_e/trips_e.htm (accessed 12/09/2026); World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶¶ 4–5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  53. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶¶ 4–5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  54. ↑ World Trade Organization, TRIPS Agreement, art. 63(2), https://www.wto.org/english/docs_e/legal_e/trips_e.htm (accessed 12/09/2026); World Trade Organization, Procedures for Notifying and Sharing Information: Laws and Regulations, https://www.wto.org/english/tratop_e/trips_e/trips_notif2_art63-2_e.htm (accessed 12/09/2026).
  55. ↑ World Trade Organization, TRIPS Agreement, art. 67, https://www.wto.org/english/docs_e/legal_e/trips_e.htm (accessed 12/09/2026); World Trade Organization, Technical Cooperation in the Field of Intellectual Property, https://www.wto.org/english/tratop_e/trips_e/intel9_e.htm (accessed 12/09/2026).
  56. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), https://www.wto.org/english/docs_e/legal_e/trips_e.htm (accessed 12/09/2026); World Intellectual Property Organization, Advice on Flexibilities under the TRIPS Agreement, https://www.wipo.int/en/web/cooperation/policy-legislative-assistance/advice-trips (accessed 12/09/2026).
  57. ↑ World Trade Organization, TRIPS Agreement, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026); World Intellectual Property Organization, WIPO Conversation on Intellectual Property and Frontier Technologies, https://www.wipo.int/en/web/frontier-technologies/frontier_conversation (accessed 12/09/2026).
  58. ↑ World Trade Organization, TRIPS Agreement, Part II, Sections 1–7 and Part III, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  59. ↑ World Intellectual Property Organization, Artificial Intelligence and Intellectual Property, https://www.wipo.int/en/web/frontier-technologies/artificial-intelligence (accessed 12/09/2026); World Intellectual Property Organization, Generative AI: Navigating Intellectual Property (2024), https://www.wipo.int/edocs/pubdocs/en/wipo-pub-rn2024-8-en-generative-ai-navigating-intellectual-property.pdf
  60. ↑ World Intellectual Property Organization, Artificial Intelligence and Intellectual Property Policy, https://www.wipo.int/en/web/frontier-technologies/artificial-intelligence/conversation (accessed 12/09/2026); World Intellectual Property Organization, WIPO Conversation on Intellectual Property and Frontier Technologies, https://www.wipo.int/en/web/frontier-technologies/frontier_conversation (accessed 12/09/2026).
  61. ↑ World Intellectual Property Organization, Frequently Asked Questions: AI and IP Policy, https://www.wipo.int/en/web/frontier-technologies/artificial-intelligence/faq (accessed 12/09/2026).
  62. ↑ Office of the Controller General of Patents, Designs, Trade Marks & Geographical Indications, Annual Report 2024–25, p. 17, https://ipindia.gov.in/storage/uploads/media/English_Annual_Report_2024-25.pdf (accessed 12/09/2026); WTO TRIPS Council, Statement by India, Intellectual Property and Innovation: IP Office and Digitalization, Including AI, ¶¶ 418–20, https://e-trips.wto.org/en/CouncilMinuteNotifications/Intervention/30916 (accessed 12/09/2026).
  63. ↑ World Trade Organization, Innovation Policy and the TRIPS Agreement, https://www.wto.org/english/tratop_e/trips_e/inovationpolicytrips_e.htm (accessed 12/09/2026); World Trade Organization, TRIPS Council Considers Technology Transfer, Digitalization and Non-Violation Complaints (24 Apr. 2026), https://www.wto.org/english/news_e/news26_e/trip_23apr26_379_e.htm.
  64. ↑ World Trade Organization, TRIPS Agreement, Parts II–III, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026); World Intellectual Property Organization, WIPO Conversation on Intellectual Property and Frontier Technologies, https://www.wipo.int/en/web/frontier-technologies/frontier_conversation (accessed 12/09/2026).
  65. ↑ World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026); World Intellectual Property Organization, WIPO Lex, https://www.wipo.int/wipolex/en/ (accessed 12/09/2026).
  66. ↑ World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026); World Intellectual Property Organization, WIPO Lex, https://www.wipo.int/wipolex/en/ (accessed 12/09/2026).
  67. ↑ World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026).
  68. ↑ World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026).
  69. ↑ World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026).
  70. ↑ World Trade Organization, e-TRIPS: Laws and Regulations under Article 63.2, https://e-trips.wto.org/En/TypesOfDocuments/LawArticle632Notifications (accessed 12/09/2026); World Trade Organization, TRIPS Agreement, art. 63(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_06_e.htm (accessed 12/09/2026).
  71. ↑ World Intellectual Property Organization, WIPO Lex, https://www.wipo.int/wipolex/en/ (accessed 12/09/2026).
  72. ↑ World Intellectual Property Organization, WIPO Lex, Member Profile: India, https://www.wipo.int/wipolex/en/members/profile/IN (accessed 12/09/2026).
  73. ↑ World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026); World Intellectual Property Organization, WIPO Lex, https://www.wipo.int/wipolex/en/ (accessed 12/09/2026).
  74. ↑ See generally Shamnad Basheer, India’s Tryst with TRIPS: The Patents (Amendment) Act, 2005, 1 Indian J.L. & Tech. 15 (2005), https://repository.nls.ac.in/ijlt/vol1/iss1/2/; Shamnad Basheer & Prashant Reddy, Ducking TRIPS in India: A Saga Involving Novartis and the Legality of Section 3(d), 20 Nat’l L. Sch. India Rev. 131 (2008), https://repository.nls.ac.in/nlsir/vol20/iss2/2/; Nanditta Batra, Lessons from India’s Implementation of the Doha Declaration on TRIPS and Public Health, South Centre Research Paper No. 166 (2022), https://www.southcentre.int/research-paper-166-6-october-2022/; Christoph Antons, Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture: The International Framework and National Approaches in the Philippines and India, 6 Indian J.L. & Tech. 89 (2010), https://repository.nls.ac.in/ijlt/vol6/iss1/4/.
  75. ↑ Shamnad Basheer, India’s Tryst with TRIPS: The Patents (Amendment) Act, 2005, 1 Indian J.L. & Tech. 15 (2005), https://doi.org/10.55496/EPGU2741
  76. ↑ Shamnad Basheer, India’s Tryst with TRIPS: The Patents (Amendment) Act, 2005, 1 Indian J.L. & Tech. 15 (2005), https://doi.org/10.55496/EPGU2741
  77. ↑ Shamnad Basheer & Prashant Reddy, Ducking TRIPS in India: A Saga Involving Novartis and the Legality of Section 3(d), 20 Nat’l L. Sch. India Rev. 131 (2008), https://repository.nls.ac.in/nlsir/vol20/iss2/2/.
  78. ↑ Shamnad Basheer & Prashant Reddy, Ducking TRIPS in India: A Saga Involving Novartis and the Legality of Section 3(d), 20 Nat’l L. Sch. India Rev. 131, 131–55 (2008), https://repository.nls.ac.in/nlsir/vol20/iss2/2/.
  79. ↑ Shamnad Basheer & Prashant Reddy, Ducking TRIPS in India: A Saga Involving Novartis and the Legality of Section 3(d), 20 Nat’l L. Sch. India Rev. 131 (2008), https://repository.nls.ac.in/nlsir/vol20/iss2/2/.
  80. ↑ Nanditta Batra, Lessons from India’s Implementation of the Doha Declaration on TRIPS and Public Health, South Centre Research Paper No. 166, 1–3 (2022).
  81. ↑ Nanditta Batra, Lessons from India’s Implementation of the Doha Declaration on TRIPS and Public Health, South Centre Research Paper No. 166 (2022), https://www.southcentre.int/research-paper-166-6-october-2022/.
  82. ↑ Nanditta Batra, Lessons from India’s Implementation of the Doha Declaration on TRIPS and Public Health, South Centre Research Paper No. 166 (2022), https://www.southcentre.int/research-paper-166-6-october-2022/.
  83. ↑ Christoph Antons, Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture: The International Framework and National Approaches in the Philippines and India, 6 Indian J.L. & Tech. 89, 89–90 (2010), https://repository.nls.ac.in/ijlt/vol6/iss1/4/.
  84. ↑ Christoph Antons, Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture: The International Framework and National Approaches in the Philippines and India, 6 Indian J.L. & Tech. 89–139 (2010), https://repository.nls.ac.in/ijlt/vol6/iss1/4/
  85. ↑ See generally Shamnad Basheer, India’s Tryst with TRIPS (2005); Basheer & Reddy, Ducking TRIPS in India (2008); Nanditta Batra, Lessons from India’s Implementation of the Doha Declaration (2022); Christoph Antons, Sui Generis Protection for Plant Varieties and Traditional Knowledge (2010).
  86. ↑ See generally Shamnad Basheer, India’s Tryst with TRIPS (2005); Nanditta Batra, Lessons from India’s Implementation of the Doha Declaration (2022); Christoph Antons, Sui Generis Protection for Plant Varieties and Traditional Knowledge (2010).
  87. ↑ See generally the studies discussed in this section. This observation relates only to the selected research surveyed above.
  88. ↑ World Trade Organization, TRIPS Agreement, Preamble, arts. 7–8, 66–67, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026); World Trade Organization, Responding to Least-Developed Countries’ Special Needs in Intellectual Property, https://www.wto.org/english/tratop_e/trips_e/ldc_e.htm (accessed 12/09/2026).
  89. ↑ World Trade Organization, TRIPS Agreement, arts. 7–8, 66–67, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  90. ↑ World Trade Organization, TRIPS Agreement, Parts III–IV and art. 67, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  91. ↑ World Trade Organization, Responding to Least-Developed Countries’ Special Needs in Intellectual Property, https://www.wto.org/english/tratop_e/trips_e/ldc_e.htm (accessed 12/09/2026); World Trade Organization, TRIPS Agreement, art. 67.
  92. ↑ World Trade Organization, TRIPS Agreement, art. 67, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  93. ↑ World Trade Organization, TRIPS Agreement, arts. 6, 30–31, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026); World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶ 5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  94. ↑ World Trade Organization, TRIPS Agreement, art. 1(1), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm (accessed 12/09/2026); World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶¶ 4–5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  95. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶¶ 1, 4, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026); World Trade Organization, TRIPS and Public Health, https://www.wto.org/english/tratop_e/trips_e/pharmpatent_e.htm (accessed 12/09/2026).
  96. ↑ WHO, WIPO & WTO, Promoting Access to Medical Technologies and Innovation (2d ed. 2020); World Intellectual Property Organization, Patents and Health, https://www.wipo.int/en/web/patents/topics/public_health (accessed 12/09/2026).
  97. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶¶ 3–5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  98. ↑ World Trade Organization, TRIPS Agreement, art. 7, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  99. ↑ World Trade Organization, TRIPS Agreement, art. 66(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  100. ↑ World Trade Organization, Technology Transfer, https://www.wto.org/english/tratop_e/trips_e/techtransfer_e.htm (accessed 12/09/2026).
  101. ↑ World Intellectual Property Organization, Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (2020), https://www.wipo.int/publications/en/details.jsp?id=4504 (accessed 12/09/2026).
  102. ↑ World Intellectual Property Organization, Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (2020), https://www.wipo.int/publications/en/details.jsp?id=4504 (accessed 12/09/2026).
  103. ↑ World Intellectual Property Organization, Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (2020), https://www.wipo.int/publications/en/details.jsp?id=4504 (accessed 12/09/2026); WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (2024), https://www.wipo.int/en/web/treaties/ip/gratk/index (accessed 12/09/2026).
  104. ↑ World Trade Organization, TRIPS Agreement, art. 63(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_06_e.htm (accessed 12/09/2026); World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026).
  105. ↑ World Intellectual Property Organization, Artificial Intelligence and Intellectual Property, https://www.wipo.int/en/web/frontier-technologies/artificial-intelligence (accessed 12/09/2026).
  106. ↑ World Intellectual Property Organization, Artificial Intelligence and Intellectual Property, https://www.wipo.int/en/web/frontier-technologies/artificial-intelligence (accessed 12/09/2026); World Intellectual Property Organization, WIPO Conversation on Intellectual Property and Frontier Technologies, https://www.wipo.int/en/web/frontier-technologies/frontier_conversation (accessed 12/09/2026).
  107. ↑ World Trade Organization, TRIPS Agreement, arts. 7–8, 66–67, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026); World Trade Organization, Declaration on the TRIPS Agreement and Public Health, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  108. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶ 4, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  109. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶ 5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026); World Trade Organization, TRIPS Agreement, arts. 6, 30–31.
  110. ↑ World Trade Organization, TRIPS Agreement, art. 67, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  111. ↑ World Trade Organization, TRIPS Agreement, art. 67, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  112. ↑ World Trade Organization, Technical Cooperation in the Field of Intellectual Property, https://www.wto.org/english/tratop_e/trips_e/intel9_e.htm (accessed 12/09/2026); World Intellectual Property Organization, Technical Assistance, https://www.wipo.int/en/web/cooperation/technical-assistance/index (accessed 12/09/2026).
  113. ↑ World Trade Organization, TRIPS Agreement, art. 7, https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  114. ↑ World Trade Organization, TRIPS Agreement, art. 66(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_01_e.htm (accessed 12/09/2026).
  115. ↑ WTO TRIPS Council, Implementation of Article 66.2 of the TRIPS Agreement, Decision of 19 February 2003, IP/C/28, https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/IP/C/28.pdf (accessed 12/09/2026); World Trade Organization, Technology Transfer, https://www.wto.org/english/tratop_e/trips_e/techtransfer_e.htm (accessed 12/09/2026).
  116. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶¶ 1–4, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026).
  117. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶ 5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026); World Trade Organization, TRIPS Agreement, arts. 6, 30–31.
  118. ↑ World Trade Organization, Declaration on the TRIPS Agreement and Public Health, ¶ 5, https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm (accessed 12/09/2026); World Trade Organization, TRIPS Agreement, arts. 6, 30–31.
  119. ↑ World Intellectual Property Organization, WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (2024), https://www.wipo.int/en/web/treaties/ip/gratk/index (accessed 12/09/2026); World Intellectual Property Organization, Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions, https://www.wipo.int/tk/en/ (accessed 12/09/2026).
  120. ↑ World Intellectual Property Organization, WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (adopted 24 May 2024), https://www.wipo.int/en/web/treaties/ip/gratk/index (accessed 12/09/2026).
  121. ↑ World Intellectual Property Organization, WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (2024), https://www.wipo.int/en/web/treaties/ip/gratk/index (accessed 12/09/2026).
  122. ↑ World Intellectual Property Organization, WIPO Conversation on Intellectual Property and Frontier Technologies, https://www.wipo.int/en/web/frontier-technologies/frontier_conversation (accessed 12/09/2026); World Trade Organization, Innovation Policy and the TRIPS Agreement, https://www.wto.org/english/tratop_e/trips_e/inovationpolicytrips_e.htm (accessed 12/09/2026).
  123. ↑ World Intellectual Property Organization, Artificial Intelligence and Intellectual Property Policy, https://www.wipo.int/en/web/frontier-technologies/artificial-intelligence/conversation (accessed 12/09/2026); World Trade Organization, Innovation Policy and the TRIPS Agreement, https://www.wto.org/english/tratop_e/trips_e/inovationpolicytrips_e.htm (accessed 12/09/2026).
  124. ↑ World Trade Organization, TRIPS Agreement, art. 63, https://www.wto.org/english/docs_e/legal_e/31bis_trips_06_e.htm (accessed 12/09/2026).
  125. ↑ World Trade Organization, TRIPS Agreement, art. 63(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_06_e.htm (accessed 12/09/2026); World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026).
  126. ↑ World Trade Organization, TRIPS Agreement, art. 63(2), https://www.wto.org/english/docs_e/legal_e/31bis_trips_06_e.htm (accessed 12/09/2026); World Trade Organization, e-TRIPS Gateway, https://e-trips.wto.org/ (accessed 12/09/2026).
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