TRIPS Council explores technology transfer, pandemic preparedness, digital infrastructure

Discussions at the meeting saw a high level of engagement by delegations. Members highlighted how voluntary technology transfer to developing economies can boost innovation, productivity and development, drawing on sectoral case studies. They also focused on lessons learned from the COVID-19 pandemic, particularly regarding pharmaceutical patents.

Fostering technology transfer

A document entitled "Intellectual Property and Innovation: Technology Transfer Case Studies" was submitted by Australia, Canada, the European Union, Israel, Japan, the Republic of Korea, New Zealand, Singapore, Switzerland, Chinese Taipei, the United Kingdom and the United States.

The document highlights how technology enhances productivity, competitiveness, growth and development, motivating countries to foster an environment that attracts technology transfer and innovation. The Council heard from members on voluntary transfers of patent-protected or trade secret technologies, which highlight the importance of domestic policies and capacity-building.

Technology transfer occurs across sectors such as agriculture, sustainability and manufacturing. IP offices and WIPO GREEN, an online platform for technology exchange, provide case studies and opportunities to promote green technology exchange. TRIPS Article 66.2 on technology transfer details incentives for transfer to least-developed countries (LDCs). In public health, the Medicines Patent Pool (MPP) enables voluntary sublicensing of patented treatments, increasing access to lifesaving medicines and supporting local production.

TRIPS and the COVID-19 pandemic

The Council continued to exchange views and information regarding IP and pandemic preparedness with reference to a submission on Intellectual Property, Voluntary Licensing and Technology Transfer (IP/C/W/704/Rev.1) by the United Kingdom and a document entitled "TRIPS for Development post-MC13" (IP/C/W/708) circulated by Bangladesh, Colombia, Egypt and India.

Empowering women in the field of intellectual property

A report submitted by South Africa entitled "Empowering Women in Intellectual Property, National and International Initiatives by the Companies and Intellectual Property Commission" (IP/C/W/722) was discussed.

Several members took the opportunity to share success stories and case studies for programmes and initiatives undertaken. Many outlined their efforts to recruit more women into STEM (Science, Technology, Engineering and Mathematics) careers and to highlight resources available to foster e-commerce and entrepreneurship.

TRIPS and biodiversity

The Chair urged members to post answers to questions submitted under Article 27.3 of the TRIPS Agreement and the Annual Report on Notifications and Other Information Flows in a timely fashion. The Chair also reiterated that the TRIPS Council should expedite its work on these important issues, including the relationship between the TRIPS Agreement and the Convention on Biological Diversity, the protection of traditional knowledge and folklore, and the review of Article 27.3, while avoiding duplicating the work of the World Intellectual Property Organization (WIPO).

India, Brazil and Peru once again referred to their communication on "Reviving Discussions on the Relationship between the TRIPS Agreement and Convention on Biological Diversity (CBD)". In the document, the co-sponsors provide an overview of the CBD and related instruments, and emphasize the significance of the 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

Several members called for further thematic meetings with WIPO to clarify the relationship between the TRIPS Agreement, the new WIPO Treaty on Intellectual Property, Genetic Resources and associated Traditional Knowledge, and the CBD.

Non-violation and situation complaints

Members repeated their positions on the issue of non-violation and situation complaints (NVSCs) under the TRIPS Agreement. With just months to go to the 14th WTO Ministerial Conference (MC14), the Chair reminded members of the ministerial mandate for the Council to examine scope and modalities for TRIPS NVSCs, and urged members to make serious efforts in this regard.

Several members indicated hesitation to put things that are likely to be unresolved before ministers at the Cameroon meeting. The Council has decided to keep discussions ongoing, while urging members to maintain dialogue amongst themselves. The Chair said she is willing to facilitate discussions where helpful.

In 2024, ministers adopted a Decision on TRIPS Non-Violation and Situation Complaints, instructing the TRIPS Council to continue reviewing the issue and submit recommendations to MC14. Until then, members agreed not to initiate such complaints under the TRIPS Agreement.

The Decision on TRIPS Non-Violation and Situation Complaints concerns whether and how WTO members can bring disputes to the WTO alleging that an action or situation has nullified expected benefits under the TRIPS Agreement, even without a specific violation.

Review of the implementation of the TRIPS Agreement

The Council continued discussions on the Review of the Implementation of the TRIPS Agreement mandated by Article 71.1. In view of intensive efforts to agree on launching this process during 2024, the Chair urged members to continue engagement on this important mandate. Members disagreed on the merits of the approach discussed in the past and the Council decided to keep the item open for further engagement.

Notifications of laws and regulations

Members were also updated on notifications under various provisions of the TRIPS Agreement that the Council has received since its last meeting in June. Several members provided detailed accounts of legislative changes they had shared since the last meeting in June. The Council agreed arrangements for the review of the national implementing legislation of Samoa at the first Council meeting in 2026. 

Other issues

India presented a communication entitled "Digital Public Infrastructure (DPI) as a Driver for Digital Inclusion and Competitive E-commerce - IP and the Work Programme on Electronic Commerce" (IP/C/W/725).

Members also discussed the state of play of international intergovernmental organizations (IGOs) being granted observer status to the Council. The WTO Secretariat provided an overview of past developments on IGO observers in the Council. The Chair noted that the number of observers had expanded but many did not actively join Council meetings regularly despite opportunities to do so remotely. 

In addition, several members discussed reactions to the outcome of the WTO dispute settlement case DS611 "China - Enforcement of Intellectual Property Rights" in which an arbitration award was circulated on 21 July 2025.

Next meeting

The next regular meeting of the TRIPS Council is scheduled for 23-24 April 2026.