INTELLECTUAL PROPERTY: TRIPS AND PUBLIC HEALTH

Amendment of the TRIPS Agreement

WTO members on 6 December 2005 approved changes to the WTO’s intellectual property (TRIPS) agreement in order to make permanent a decision on patents and public health originally adopted in 2003. This was formally built into the TRIPS Agreement after acceptance of the Protocol amending the TRIPS Agreement by two thirds of the WTO’s members. The amendment took effect on 23 January 2017 and replaced the 2003 waiver for members who have accepted the amendment.

Members who are yet to accept the amendment currently have until 31 December 2025 to do so (document WT/L/1180). For them the waiver will continue to apply until a member accepts the amendment and it takes effect for it.