Toward a Multilateral State-to-State Dispute Resolution Mechanism Within the WIPO Framework to Protect Fundamental Right and Enhance Access to Justice in Line with SDG 16

The governance of international intellectual property (IP) is at a crossroads. With the paralysis of the WTO Appellate Body and the proliferation of fragmented forums such as free trade agreements and investor–state arbitration, the resolution of state-to-state IP disputes suffers from incoherence, unpredictability, and inequity. These deficiencies undermine legal certainty, discourage innovation, and disproportionately disadvantage developing economies seeking knowledge-based growth. This chapter argues that the absence of a centralized, specialized mechanism calls for the establishment of a permanent state-to-state dispute resolution body within the World Intellectual Property Organization (WIPO). By leveraging WIPO’s technical expertise and treaty-based legitimacy, such a mechanism could restore predictability, ensure inclusivity, and embed public-interest considerations often sidelined in privatized adjudication. The chapter explores institutional design options, emphasizing diversity in judicial appointments, transparent procedures, and capacity-building through a proposed WIPO Judicial Academy. Ultimately, it situates the proposal within the broader framework of the UN Sustainable Development Goals, particularly SDG 16 and SDG 17, as a pathway to strengthen multilateralism and promote equitable participation in the global knowledge economy.