The number of Free Trade Agreements (FTAs), at the bilateral and regional levels has rapidly increased in recent years. These agreements often include provisions on IP that go well beyond the minimum standards of the TRIPS Agreement (“TRIPS-plus”). While most developing countries are still grappling with the implementation of these minimum standards, concerns have been expressed that “TRIPS-plus” provisions raise new implementation challenges and could ultimately reduce the ability of countries to use the flexibilities inbuilt in the TRIPS Agreement.
ICTSD’s work in this area has been aimed at providing in depth analysis of these complex provisions and their implications for public policy objectives, particularly public health, as well as examining options for countries to implement them in a manner supportive of their reform process and sustainable development objectives.