Re-balancing the TRIPS Agreement: Some Thoughts

The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) brought about very important changes in international standards relating to intellectual property rights. Because of its far-reaching implications, particularly with respect to developing countries, the agreement has been one of the most controversial components of the WTO System. Strong disagreements on the scope and content of the Agreement emerged during the Uruguay Round negotiations, both between developed and developing countries and among developed countries themselves. TRIPS Agreement has provided many reasons why developing and less developed countries are dissatisfied with the current international intellectual property system. It is no surprise that these countries have been concerned about the heightened protection required by the TRIPS Agreement and its deleterious impact in the areas of agriculture, health, environment, education, and culture. They are also disappointed and disturbed by the fact that their developed counterparts, through the enactment of the TRIPS Agreement, have "kicked away the ladder" that would have allowed them to catch up and climb to economic success. Unfortunately, for these countries, this story of discontent did not end with the TRIPS Agreement. Today, many developed countries have sought to ratchet up their protection by negotiating around the TRIPS Agreement, seeking "TRIPS-plus" commitments. In recent years, for example, the European Communities and the United States have used bilateral and plurilateral free trade agreements to strengthen their IP protection. In light of the growing discontent about the inequitable nature of the existing international intellectual property system, many commentators have opined for a radical reassessment of the existing system. This paper intends to discuss the nuances to restructure and rebalance the existing international IP regime, particularly the TRIPS Agreement.