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 2026

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

Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Gift this article