IJFANS International Journal of Food and Nutritional Sciences

ISSN PRINT 2319-1775 Online 2320-7876

WTO AND INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND ACCESS

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*Lokeshappa H

Abstract

The World Trade Organization (WTO) plays a pivotal role in the global governance of intellectual property rights (IPR) through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Established in 1994, the TRIPS Agreement sets minimum standards for IP protection, including patents, copyrights, trademarks, and geographical indications, aiming to harmonize IP laws across member countries. This uniformity is designed to promote innovation by ensuring that creators and inventors can secure exclusive rights to their creations, thereby incentivizing investment in research and development and facilitating international trade. However, the TRIPS framework also raises significant challenges related to access, particularly in developing countries. High costs associated with patented products, such as pharmaceuticals, can restrict access to essential medicines and technologies, exacerbating inequalities in global health and development. To address these concerns, TRIPS incorporates provisions such as the Doha Declaration on TRIPS and Public Health, which allows for flexibility in IP enforcement to prioritize public health needs and permit the use of compulsory licenses for affordable generic medicines. Balancing the need for robust IP protection with the imperative of ensuring equitable access is a complex and ongoing challenge. While TRIPS aims to foster innovation and fair competition, it must also navigate the tension between protecting intellectual property and addressing pressing public welfare issues. The ongoing dialogue and adaptation of IP policies within the WTO framework are crucial in striving for a balance that supports both global innovation and access, ultimately shaping the effectiveness of international trade and development strategies.

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