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

Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
An IP lawyer tasked with helping to develop Brownstein’s newly unveiled New York office is eyeing a measured approach to talent hunting
Amanda Griffiths, who will be tasked with expanding the firm’s trademark offering in New Zealand, says she hopes to offer greater flexibility to clients at her new home
News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Gift this article