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

This 2001 research paper by CIEL argues for a comprehensive review of the WTO's TRIPS Agreement under Article 71.1 to ensure it supports sustainable development and the interests of developing countries. The authors highlight concerns over declining technology transfer, extreme industry consolidation in biotechnology, and a lack of general exceptions for public health and the environment. They recommend expanding the use of compulsory licensing, imposing obligations on patent holders, and maintaining the moratorium on non-violation complaints to prevent private property rights from overriding essential public policy goals.

• The authors argue that the Article 71.1 review should be a comprehensive assessment of the TRIPS Agreement's implementation to determine its impact on developing countries. This review should ensure that intellectual property rights do not solely benefit private title-holders but also support innovation, health, environmental protection, and sustainable development, consistent with the WTO's overarching objectives.
• There is evidence of increasing barriers to technology transfer for developing countries. The document notes a shift from arm's length licensing to intra-firm transfers since the mid-1980s; for instance, in 1995, 80% of transfers by US corporations and 95% by German corporations were internal. Strengthened intellectual property rights may further inhibit transfer by increasing the bargaining power of firms, allowing them to raise royalties and impose more onerous conditions.
• The document highlights a trend of extreme industry consolidation in agricultural biotechnology, where a small number of global firms hold disproportionate control. The top 10 corporations in the pharmaceutical, seed, and agrochemical markets account for approximately 36%, 40%, and 82% of their respective global markets, which may lead to anti-competitive impacts and restrict the international transfer of technology.
• The authors advocate for the clarification and expansion of Article 31 to protect the right of WTO Members to grant compulsory licenses. They argue that compulsory licensing is a fundamental tool for balancing rights and obligations, enabling countries to safeguard the supply of essential products to the poor, address patent abuses, and accelerate technology dissemination.
• The paper identifies a systemic imbalance because the TRIPS Agreement provides numerous rights to intellectual property owners without establishing corresponding obligations. The authors suggest that governments should be able to impose obligations on patent holders to ensure access to life-saving medicines and to prevent the undermining of fundamental human rights to health, development, and a healthy environment.
• The authors recommend extending the moratorium on the 'non-violation remedy' under Article 64. They argue that applying this remedy to the TRIPS Agreement would introduce legal uncertainty, potentially encourage unilateral pressure on developing countries to raise protection levels beyond minimum requirements, and elevate private rights over public policy considerations.
• The document points out that unlike the GATT and GATS, the TRIPS Agreement lacks general exceptions for fundamental policy considerations, such as public health and the environment. The authors argue that the existing ad hoc exceptions are insufficient and that an overarching general exception is needed to ensure that private commercial rights do not prevail over important national values.

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} }