US fights for change to TRIPs practices

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US fights for change to TRIPs practices

The US, backed by Switzerland, has urged the WTO TRIPs Council to end the trade body’s moratorium on non-violation disputes

At a meeting of the TRIPs Council on Wednesday, the US government claimed that so-called non-violation disputes are in-line with the TRIPs agreement, GATT and WTO rules on legal disputes brought before the trade organisation.

The WTO allows governments to complain to its dispute settlement body where they can show that the actions of another member state have deprived them of an expected benefit – even if they cannot show that the member has broken one of its WTO commitments. These so-called non-violation disputes proved particularly controversial in the area of IP, however, and there has been a moratorium on their use for TRIPs disputes since 1995.

The moratorium was extended for two years at the Bali ministerial conference in December.

Switzerland supported the US. But representatives of other delegations, including Japan and the EU, said they need more time to study the US paper. Most added that they still consider non-violation cases to be inappropriate in intellectual property and referred to arguments made in previous meetings and some cited a paper they circulated 12 years ago.

more from across site and SHARED ros bottom lb

More from across our site

A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Speakers at the EUIPO’s Mediation Conference say mediation can offer a ‘cathartic’ and effective alternative to litigation that IP owners should consider
Partner Scott Sudderth says he is looking forward to building strong client relationships and expanding the firm’s patent practice
Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Gift this article