The WTO and the TRIPS Agreement

The Uruguay Round of Multilateral Trade Negotiations concluded in 1994 with the signing of around 60 agreements, annexes, decisions, and understandings including the umbrella agreement that established the World Trade Organization (WTO 2010). Besides establishing a framework for dispute settlement and trade policy reviews, the agreements covered the following major areas. The General Agreement on Tariffs and Trade (GATT) that existed since 1947 was brought under the WTO. The Agreement on Trade-Related Investment Measures (TRIMs) and the General Agreement on Trade in Services (GATS) were signed as a part of the deal to establish the WTO. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) became a foundation block for the WTO (Maskus 2000b). The TRIPS agreement sets minimum standards for intellectual property protection in all member countries. In recent years, regional and bilateral agreements on investment, free trade, and other disciplines have forced developing countries to raise protection standards for intellectual property beyond what is required under TRIPS. These higher protection standards, known in the literature as TRIPS-plus conditions, restrict access to medicines and jeopardise public health in developing countries (Malhotra and Grewal 2008). The Intergovernmental Working Group on Public Health, Innovation and Intellectual Property calls for ensuring that bilateral trade agreements do not incorporate TRIPS-plus provisions that reduce access to medicines (WHO 2006a).