The TRIPS Council convened to discuss the ongoing review of the TRIPS Agreement implementation, as mandated by Article 71.1. Despite efforts to launch this review since 1999, consensus remains elusive. The Chair noted that while members are closer than ever to agreement, a proposed process for the first review was not adopted due to persistent concerns.
Delegations expressed willingness to continue discussions, leaving open the possibility of further consultations if constructive engagement continues.
The WTO Secretariat updated on notifications under various TRIPS provisions since November 2024. While participation has increased, many members have not fulfilled notification obligations, affecting the Council's monitoring role. Notably, 21% of developed and 37% of developing members have not reported new or amended laws since 2009.
In 2024, there were 125 notifications submitted by members, with steady participation from at least 26 members. However, no updates were received for special compulsory licensing systems or biotechnology and geographical indications.
The e-TRIPS information system has seen widespread use since its launch in 2019, facilitating transparency and online submissions.
Technology transfer discussions continued with participants from a WTO workshop focusing on incentives for technology transfer to least-developed countries (LDCs). Developed country members have submitted over 400 reports detailing actions and commitments since a transparency mechanism was agreed upon in 2003.
Several LDCs highlighted the importance of informal dialogue with developed countries for tailoring technology transfer programs to their needs.
A separate agenda item addressed communication on "IP and innovation: Technology transfer case studies," introduced by several nations including Australia and Canada. These case studies demonstrate real-world applications across industries like agriculture and manufacturing.
Non-violation and situation complaints (NVSCs) remain contentious among members. The Chair reported limited desire for substantive discussion despite consultations held in early March. The upcoming Ministerial Conference in March 2026 will require serious efforts from members regarding NVSCs' scope and modalities.
On pandemic response measures related to IP rights during COVID-19, discussions focused on proposals reaffirmed in recent ministerial declarations. Members reviewed submissions addressing pandemic preparedness and IP concerns.
Finally, under an ad hoc agenda item titled "IP and the public interest," delegations discussed developing countries' expectations about TRIPS over the past three decades. This reflection aims to improve understanding of TRIPS' evolution and impact on developing economies.
No new acceptances of the protocol amending the TRIPS Agreement were recorded since the last meeting; thus far it applies to 141 members out of a total membership where twenty-five have yet to accept it.
___