THE TRADE GOVERNANCE FRAMEWORK PROVIDED BY TRIPS AND CLAIM OF ‘PRO­-DEVELOPMENT’ AGENDA

Abstract

Having encountered objection from developing countries during previous negotiations, the WTO has tried to soften the framework of trade liberalisation in subsequent negotiations, held in Doha in 2001. In this round, the WTO gave rise to the ‘pro-development framework’ to attract fuller participation by developing countries. However, the development agenda had been assumed as a strategy in maintaining the superiority of advanced industrialised countries in applying ‘organised imbalance. This essay will discuss the implementation of special and differential treatment (SDT) for developing countries within TRIPS provisions. The promise of help through SDT for developing countries (as the majority of importer country of patented rights) is merely used as the medium with which to prioritise MNCs from developed countries which operate in developing countries.