TOWARDS A FULL REVIEW OF THE WTO’S TRIPS AGREEMENT UNDER ARTICLE 71.1

The document examines the implementation of the TRIPS Agreement, highlighting how strengthened intellectual property rights may hinder technology transfer and competition in developing countries. It advocates for the use of compulsory licensing, the imposition of obligations on patent holders, and the introduction of general exceptions to protect public health and the environment.

• The authors argue that the Article 71.1 review must assess the TRIPS Agreement as a whole to determine if it serves broader societal interests—such as health, environmental protection, and technological development—rather than solely the interests of private title-holders.
• Developing countries face increasing barriers to technology access due to a shift toward intra-firm transfers, the increased bargaining power of firms with strong intellectual property rights, and the consolidation of patent portfolios by a small number of large corporations.
• The consolidation of the 'life' industry—including pharmaceutical, seed, and agrochemical markets—has led to disproportionate control over the global food system by a few firms in industrialized countries.
• Compulsory licensing under Article 31 is a critical tool for balancing rights and obligations, allowing members to address national emergencies, public health needs, and anti-competitive conduct without the rights holder's authorization.
• There is a systemic imbalance in the TRIPS Agreement because it grants numerous rights to intellectual property owners without establishing corresponding obligations to ensure access to essential medicines or core technologies.
• The authors recommend extending the moratorium on non-violation complaints under Article 64, arguing that such remedies introduce legal uncertainty and could be used to pressure countries into raising protection levels beyond TRIPS minimums.
• Unlike the GATT and GATS, the TRIPS Agreement lacks general exceptions, which the authors argue is necessary to prevent private commercial rights from prevailing over fundamental national policy goals like public health and food security.

APA

STILLWELL, M., & TUERK, E. (2001). TOWARDS A FULL REVIEW OF THE WTO’S TRIPS AGREEMENT UNDER ARTICLE 71.1. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/Assessment_Trips_article711.pdf

Chicago

STILLWELL, MATTHEW, and ELISABETH TUERK. TOWARDS A FULL REVIEW OF THE WTO’S TRIPS AGREEMENT UNDER ARTICLE 71.1. Center for International Environmental Law, 2001. https://www.ciel.org/wp-content/uploads/2015/03/Assessment_Trips_article711.pdf.

Wikipedia

{{cite report |last1=STILLWELL |first1=MATTHEW |last2=TUERK |first2=ELISABETH |title=TOWARDS A FULL REVIEW OF THE WTO’S TRIPS AGREEMENT UNDER ARTICLE 71.1 |publisher=Center for International Environmental Law |date=April 2001 |url=https://www.ciel.org/wp-content/uploads/2015/03/Assessment_Trips_article711.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{stillwell2001towards, author = {STILLWELL, MATTHEW and TUERK, ELISABETH}, title = {{TOWARDS A FULL REVIEW OF THE WTO’S TRIPS AGREEMENT UNDER ARTICLE 71.1}}, institution = {Center for International Environmental Law}, year = {2001}, month = apr, url = {https://www.ciel.org/wp-content/uploads/2015/03/Assessment_Trips_article711.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }