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

After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
Gift this article