More broadly, one of the characteristics of WTO treaties is that they are evolving treaties. This is visible at two different levels. First, at the WTO-wide level, the Uruguay Round of Trade Negotiations was only one among a series of such rounds. The establishment of the WTO, as a result of the conclusion of the Uruguay Round, did not imply an end to trade negotiations, and, in fact, the Doha Ministerial Conference proposed substantive negotiations, which have been taking place since 2003. Secondly, at the level of the TRIPS Agreement, Article 71 provides for amendments to the Treaty. While amendments generally require approval of all member states of the WTO, Article 71(2) provides for a simplified procedure where higher levels of intellectual property protection have been accepted in other international treaties to which all members of the WTO are parties. In other words, this could open the door for the adoption of stronger IPR standards in WTO, though they are negotiated under the auspices of the TRIPS Agreement.

The Doha Ministerial Conference and the Declaration on Health

The 2001 Ministerial Conference held at Doha was an important landmark for the WTO. It resulted in the adoption of a framework for further trade negotiations, a declaration on implementation-related issues and a declaration on access to medicines within the context of the TRIPS Agreement (Doha Health Declaration)⁵¹. The Doha Health Declaration is particularly significant because it constitutes an instance where the Ministerial Conference had to confront issues concerning the implementation of the TRIPS Agreement in developing countries.


Notes and References

⁵¹ See respectively, Doha Ministerial Declaration, Implementation-Related Issues and Concerns, WTO Ministerial Conference, Fourth Session, Doha, November 2001, Doc WT/MIN(01)/17 and Doha Health Conference.