TRIPS Council considers technology transfer, digitalization and non-violation complaints

Discussions at the meeting saw a high level of engagement. Among the issues covered were continued talks on how to proceed on the review of implementation of the TRIPS Agreement and on lessons learned from the COVID-19 pandemic. Members also expressed appreciation for the insights gained during the  "WTO Workshop on Incentives for Technology Transfer to Least-developed Members" in the two days before the meeting. Capital-based workshop participants shared their experience during the Council meeting.

Discussions on technology transfer

Members continued engagement on developed countries' reports on incentives for technology transfer to least-developed countries (LDCs) that had been reviewed at the Council's meeting in November 2025. Participants in the WTO Workshop prior to the meeting expressed their appreciation for the breadth of discussions, including on the nature of incentives reported under Article 66.2 of the TRIPS Agreement, the role of an appropriate needs assessment, and the policies and other elements that enable effective cross-border technology transfer.

At the request of the LDC Group, the Council also discussed a G-90 submission on a possible illustrative list of non-binding, voluntary incentives for reporting under Article 66.2 (IP/C/W/727), which had been circulated ahead of the 14^th Ministerial Conference (MC14) in Cameroon.

TRIPS non-violation and situation complaints

At the request of Colombia, India and Bangladesh, members discussed the state of play regarding TRIPS non-violation and situation complaints (NVSCs). Several members expressed disappointment that the moratorium on NVSCs was not extended at MC14. Delegations exchanged views on the legal situation following its expiry and some called for reviving the moratorium in renewed talks in Geneva.

The discussion on NVSCs concerns a remedy under which 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. In general, disputes in the WTO involve allegations that a country has violated an agreement or broken a commitment. However, in some situations, a WTO member can bring a case to the Dispute Settlement Body even when an agreement has not been violated. This is called a non-violation complaint. It is permitted if a WTO member can show that it has been deprived of an expected benefit because of another member's action or omission, or because of any other situation that exists.

In Article 64.2 of the TRIPS Agreement, members agreed that such complaints would not be available under the TRIPS Agreement for a period of five years following the entry into force of the Agreement (i.e. 1995-99). In the meantime, members would discuss how and to what extent ("scope and modalities") such complaints could be brought to the WTO's dispute settlement process.  An agreement not to initiate NVSCs (the "moratorium") and to continue discussions regarding scope and modalities was subsequently reached and extended - most recently at MC13 (WT/L/1194) in Abu Dhabi. However, at MC14 in March 2026, no agreement on a further extension of the moratorium on TRIPS non-violation and situation complaints was reached. The moratorium thus lapsed on 30 March 2026 with the closure of the Ministerial Conference.

Impact of digitalization of IP offices

A document entitled "Intellectual Property and Innovation: IP Office and Digitalization, including AI" was circulated by Australia; Canada; the European Union; Hong Kong, China;  Japan; the Republic of Korea; New Zealand; Switzerland; Chinese Taipei; the United Kingdom; and the United States, and later co-sponsored by Singapore.

In discussing the submission, members shared experiences on how information technology and AI are enhancing the operation of their intellectual property protection systems. Elaborating on examples provided in the submission IP/C/W/734, several members shared how their digitalization of IP administration can increase the predictability of granting rights, strengthen market trust through scalable online enforcement and collaboration, and contribute to trade facilitation by reducing inefficiencies in securing rights abroad. They highlighted the impact of improved accessibility of protection systems for small right holders, improved possibilities for cooperation among protection regimes across borders, and higher efficiency in search and registration procedures.

Annual Transparency Report - notification of laws and regulations

Members were updated on notifications under various provisions of the TRIPS Agreement that the Council has received since its last meeting in November 2025.

The Secretariat introduced its Sixth Annual Transparency Report on notifications and other information flows about TRIPS measures (IP/C/W/732). The report uses the information available through the e-TRIPS System to summarize submission rates and to identify key trends for each of the primary TRIPS transparency mechanisms, with a particular focus on the prior year's submissions. The report also provides a snapshot of each member's notification history in its annexes. 

The report highlights that the number of notifications submitted under Article 63.2 of the TRIPS Agreement in 2025 is below the average annual rate of such submissions in the last 20 years. It notes that nearly half of all non-LDC members have not updated their initial notifications in the last ten years. Further, it observes that 18% of developed members and 39% of developing members have not submitted any Article 63.2 notifications since 2010.  The wealth of information that members have provided at the turn of the century now risks becoming outdated, it notes. The notification rates illustrate that there is significant scope for several members to improve the frequency with which they apprise the TRIPS Council of their IP-related laws and regulations or submit other required information to the Council.

Mme Ivanov-Durand noted that while the pace of notifications to the Council has increased in recent years, the rate is still not keeping up with the actual development of laws and regulations relating to the TRIPS Agreement. She emphasized that Article 63.2 is not a "one-off" requirement. It is a core element of the TRIPS transparency arrangements and a central part of the Council's substantive work. It obliges members to notify any new or amended laws in the area of TRIPS. She also urged members to complete any outstanding initial notifications and to keep up to date with notifications on subsequent amendments.

Review of the implementation of the TRIPS Agreement

Members continued exchanges 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 once again urged members to continue engagement on this important mandate.

TRIPS and biodiversity

The Council continued discussions on 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(b), including with reference to previous submissions. Some members urged renewed engagement to discuss the trade aspect of misappropriation of genetic resources and traditional knowledge, in light of the 2024 World Intellectual Property Organization (WIPO) Treaty on this issue. Others discouraged engagement on this topic and cautioned against duplicating the work done in WIPO.

Other issues

The Council continued to exchange views and information regarding IP, COVID-19 and pandemic preparedness. 

Members also discussed the state of play of international intergovernmental organizations (IGOs) being granted observer status to the Council.

The Chair reminded the Council of the arrangements for the review of the national implementing legislation of Samoa that would be discussed at the next meeting and acknowledged questions submitted to Samoa in this regard.

The Council elected Mr. Alaa Hegazy, Ambassador and Permanent Representative of Egypt, as its chair for the coming year.

Next meeting

The next regular meeting of the TRIPS Council is scheduled for 22-23 July 2026.