The article argues that the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) declared objectives of the worldwide promotion of socio-economic and technological development (Arts. 7 and 8) have remained largely unfulfilled as concerns Least Developed Countries (LDCs, as defined in Art. 66). This position, supported by economic evidence, is motivated on the grounds of two normative features of the Agreement, i.e. the establishment of fixed terms for applying TRIPS' rules, and the repeal of the 'industrial/manufacturing' local working requirement of patents. A partial reform proposal in favor of LDCs is conclusively submitted.
1995-2025: TRIPS' 30th Birthday. Neo-Colonialist Features Still Working Against Least-Developed Countries? / G. Ghidini. - In: GRUR INTERNATIONAL. - ISSN 2632-8623. - 74:11(2025 Nov), pp. 1071-1074. [10.1093/grurint/ikaf105]
1995-2025: TRIPS' 30th Birthday. Neo-Colonialist Features Still Working Against Least-Developed Countries?
G. Ghidini
2025
Abstract
The article argues that the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) declared objectives of the worldwide promotion of socio-economic and technological development (Arts. 7 and 8) have remained largely unfulfilled as concerns Least Developed Countries (LDCs, as defined in Art. 66). This position, supported by economic evidence, is motivated on the grounds of two normative features of the Agreement, i.e. the establishment of fixed terms for applying TRIPS' rules, and the repeal of the 'industrial/manufacturing' local working requirement of patents. A partial reform proposal in favor of LDCs is conclusively submitted.
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