Impact Study of TRIPS on India

[ABS News Service/28.04.2025]

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal instrument binding on all member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation of various forms of intellectual property (IP) by national governments, applicable to nationals of other WTO members. Negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990, TRIPS is administered by the WTO.

TRIPS mandates that member countries provide robust protections across a wide range of IP rights, including:

• Copyright and related rights (for authors, performers, producers of sound recordings, and broadcasting organizations)

• Geographical indications

• Industrial designs

• Layout designs of integrated circuits

• Patents, including for new plant varieties

• Trademarks and trade names

• Undisclosed or confidential information, including trade secrets and test data.

The agreement also stipulates enforcement mechanisms, remedies, and dispute resolution processes. Its overarching objectives are to foster technological innovation, facilitate the transfer and dissemination of technology, and promote a balance between the interests of producers and users of technological knowledge, while supporting social and economic welfare.

While TRIPS is a comprehensive framework, its implementation has placed a disproportionate burden on developing and least developed countries, compelling them to align their national laws with standards prevailing in developed economies. Significant concerns have arisen, particularly in the healthcare and pharmaceutical sectors, leading to certain flexibilities such as compulsory licensing being acknowledged after the Doha Declaration in 2001. However, many countries, including India, have not fully incorporated several feasible flexibilities into their domestic legislation.

India, despite its initial reluctance, has been largely compliant with TRIPS obligations. In contrast, countries like China have adopted strategic approaches to tailor their national IP regimes to their developmental needs. This underscores the urgent necessity for an impartial and comprehensive assessment of the impact of TRIPS on India.