WTO TRIPS Council Advances Dialogue on Technology Transfer, Pandemic Preparedness, and Digital Infrastructure

The World Trade Organization’s Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) held a substantive meeting marked by active engagement from member delegations. Discussions centered on the role of voluntary technology transfer in fostering innovation, productivity, and development in developing economies, supported by sector-specific case studies.

A joint document titled "Intellectual Property and Innovation: Technology Transfer Case Studies," submitted by Australia, Canada, the European Union, Israel, Japan, the Republic of Korea, New Zealand, Singapore, Switzerland, Chinese Taipei, the United Kingdom, and the United States, underscored how technology transfer enhances competitiveness and growth. The document highlighted the importance of domestic policies and capacity-building in facilitating voluntary transfers of patent-protected or trade secret technologies.

Delegates noted that technology transfer spans multiple sectors including agriculture, sustainability, and manufacturing. The role of intellectual property offices and platforms such as WIPO GREEN, which promotes green technology exchange, was emphasized. Reference was made to Article 66.2 of the TRIPS Agreement, which provides incentives for technology transfer to least-developed countries (LDCs).

In the public health domain, the Medicines Patent Pool (MPP) was recognized for enabling voluntary sublicensing of patented treatments, thereby increasing access to essential medicines and supporting local production capacities.

The Council also exchanged views on intellectual property’s role in pandemic preparedness, referencing a submission by the United Kingdom titled "Intellectual Property, Voluntary Licensing and Technology Transfer" (IP/C/W/704/Rev.1) and a document circulated by Bangladesh, Colombia, Egypt, and India entitled "TRIPS for Development post-MC13" (IP/C/W/708).

South Africa contributed a report on "Empowering Women in Intellectual Property, National and International Initiatives by the Companies and Intellectual Property Commission" (IP/C/W/722), prompting discussions on gender inclusion. Several members shared success stories and initiatives aimed at recruiting women into STEM fields and promoting resources for e-commerce and entrepreneurship.

The Chair of the TRIPS Council urged members to respond promptly to questions submitted under Article 27.3 of the TRIPS Agreement and to provide timely notifications. The Chair reiterated the importance of advancing work on the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD), protection of traditional knowledge and folklore, and the review of Article 27.3, while avoiding duplication of efforts with the World Intellectual Property Organization (WIPO).

India, Brazil, and Peru reiterated their communication on "Reviving Discussions on the Relationship between the TRIPS Agreement and Convention on Biological Diversity (CBD)," highlighting the significance of the 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge.

Several members called for additional thematic meetings with WIPO to clarify the interplay between the TRIPS Agreement, the new WIPO Treaty, and the CBD.

The issue of non-violation and situation complaints (NVSCs) under the TRIPS Agreement remained a point of contention. With the 14th WTO Ministerial Conference (MC14) approaching, the Chair reminded members of the ministerial mandate to examine the scope and modalities for TRIPS NVSCs and encouraged serious efforts to progress this work.

Some members expressed reservations about presenting unresolved issues at the upcoming ministerial meeting in Cameroon. The Council agreed to maintain ongoing discussions and encouraged members to continue bilateral dialogues. The Chair offered to facilitate discussions where beneficial.

In 2024, WTO ministers adopted a Decision on TRIPS Non-Violation and Situation Complaints, instructing the TRIPS Council to continue reviewing the matter and submit recommendations to MC14. Until then, members agreed not to initiate NVSCs under the TRIPS Agreement.

The Council also continued deliberations on the Review of the Implementation of the TRIPS Agreement mandated by Article 71.1. Despite differing views on the approach, members agreed to keep the item open for further engagement.

Updates were provided on notifications received under various TRIPS provisions since the last meeting in June. Several members detailed legislative changes shared during this period. The Council agreed to review Samoa’s national implementing legislation at its first meeting in 2026.

India presented a communication entitled "Digital Public Infrastructure (DPI) as a Driver for Digital Inclusion and Competitive E-commerce - IP and the Work Programme on Electronic Commerce" (IP/C/W/725), highlighting the growing importance of digital infrastructure in fostering inclusive economic growth.

The meeting underscored the TRIPS Council’s ongoing commitment to addressing complex issues at the intersection of intellectual property, technology transfer, public health, and digital innovation, with a view toward advancing development objectives and preparing for the upcoming ministerial conference.